Retired New Jersey Superior Court Judge Andrew Napolitano told Newsmax on Friday that the Georgia judge overseeing Fulton County District Attorney Fani Willis’ election interference case against former President Donald Trump dropped some of the charges against him because of the Constitution’s supremacy clause.
“If the same attitude had prevailed in the mind of the judge in New York — state courts can’t prosecute federal charges — there would have been no federal prosecution, which has resulted in a conviction,” Napolitano said during an appearance on “Wake Up America.” “And, as we know, a sentencing is now scheduled for the week of Thanksgiving. So, the judge in Georgia looked at a line in the Constitution called the supremacy clause, which basically says this Constitution and all laws written pursuant to it shall be the supreme law of the land.
“So, if a state legislature has written the law and the feds have written a law governing the same area, the federal law will supersede,” he continued. “Therefore, since the feds are not charging Donald Trump for anything he did in Georgia, the state can’t as well. That applies to just three of the eight charges against him, and those charges were, these were the allegations; attempting to falsify documents going to the federal government to prove who the true electors were in Georgia. In other words, stating that Trump won Georgia and his electors should go to the Electoral College. That is a federal area; that is not available for the state to prosecute. The rest of the charges against him stay.”
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