Fact Check: Donald Trump’s Election Conspiracy Case in Georgia Continues Despite Claims of Closure

Fact Check Donald Trump's Election Conspiracy Case in Georgia Continues Despite Claims of Closure

The allegation: On February 6, 2024, Trump’s Georgia election fraud case was resolved.
The conservative account America First claimed in a Facebook post on February 6 (direct link, archive link) that the case alleging electoral fraud against former President Donald Trump in Fulton County, Georgia, has abruptly ended.

The content of the post says, “BREAKING: the case is OVER – Fani Willis finally admits it.”

In just two days, it was shared more than 70 times. Additional information from the Fact-Check Team: Facebook page | Email newsletter | How we choose and investigate claims.

Our Assessment is Untrue

As of February 8, 2024, the Georgia lawsuit was still pending, according to two experts and a staff attorney for Fulton County Superior Court.

The Georgia lawsuit against Trump and his co-defendants is still pending. In Fulton County, Trump and eighteen other defendants were accused of attempting to rig the Georgia 2020 presidential election. In this case, four have entered guilty pleas. Trump has entered a not-guilty plea, as have the other 14 co-defendants.

The former president’s and one of his co-defendants’ attorneys requested that Superior Court Judge Scott McAfee dismiss the case, pointing out a personal connection between special prosecutor Nathan Wade and Willis, the district attorney for Fulton County.

However, contrary to what the Facebook post states, the procedures continued after that disclosure. According to Austin Bragg, a judicial staff attorney for the court, the case was still pending as of February 7 and a hearing on the dismissal motion was set for February 15.

Fact Check Donald Trump's Election Conspiracy Case in Georgia Continues Despite Claims of Closure (1)

“Any such claim is mistaken,” stated John Banzhaf, a George Washington University emeritus professor of law who has been meticulously monitoring the case. “The criminal case against Trump remains on the docket, Willis is DA, and Wade is still a prosecutor.”

The wording of the Facebook post, which uses the phrase “breaking” and declares the case to be “over,” implies that a new development—the conclusion of the proceedings—has occurred. But according to specialists and a court representative, nothing has changed.

Read More: Donald Trump Scraps Testimony Plans for Civil Fraud Trial in New York

Melissa Redmon, a law professor at the University of Georgia and a former Fulton County deputy district attorney, told USA TODAY that “the case is still pending.”

The Facebook post notes the February hearing on the move to dismiss made by an attorney for Michael Roman, one of Trump’s 2020 campaign leaders, and provides a link to an article that details the court proceedings requesting Willis’ removal. However, that item misstates the hearing date and offers no supporting documentation for this assertion.

In a court document dated February 2, Willis confirmed her relationship with Wade. Refusing to step down, she maintained that she had done nothing wrong, had no conflict of interest, and had not benefited financially, either directly or indirectly, from the relationship. In the paper, she declared that there is “no basis whatsoever” for the indictment to be dismissed or for her, her office, or the special prosecutor to be disqualified.

Georgia’s elections have frequently been the target of false information. Thousands of duplicate ballots were found in Fulton County, Georgia is a test state for Democrats’ 2024 “private takeover of election offices,” and Georgia Gov. Brian Kemp’s office admitted that invalid ballots were counted in 2020, are just a few of the false claims that USA TODAY has disproved.

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