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False claim Georgia Supreme Court tossed case against Trump in November | Fact check
The claim: Georgia Supreme Court dismissed Trump election fraud case in November 2024
A Nov. 29 Threads post (direct link, archive link) shows an image of Fulton County, Georgia, District Attorney Fani Willis and purports to share news about a criminal case involving President-elect Donald Trump.
“BREAKING: The Georgia Supreme Court has thrown out the case that Fani Willis brought against President Trump,” the post’s text reads.
The Threads post received more than 5,000 likes in four days. Similar versions circulated on Instagram and on X.
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Our rating: False
While the Georgia case has been on hold for months, it was not dismissed by the state Supreme Court or any other court when the post was shared. The state Court of Appeals listed it on its docket as pending as of Dec. 3.
No record of dismissal from state Supreme Court
Trump’s victory in the presidential election caused a significant shift in his multiple legal issues. In the weeks after Election Day, a federal judge dismissed charges against Trump for allegedly trying to steal the 2020 election and a federal prosecutor dropped his appeal of a separate judge’s decision to toss out charges in Trump's classified documents case. The future of Trump’s hush money case in New York remains in doubt after a state judge delayed his sentencing.
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But when the Threads post was shared, neither the Georgia Supreme Court nor any other judicial entity had tossed Willis' election fraud case against him and 14 co-defendants in Georgia.
As of Dec. 3, there was no record of a dismissal on the state Supreme Court’s online docket. The only case involving Trump and Willis was last updated in July 2023, when the high court unanimously rejected his request to intervene in the investigation.
The case is being heard in Fulton County Superior Court, is listed as pending and has been on hold since June, a month after Trump asked the state Court of Appeals to remove Willis from it. The appellate court on Nov. 18 canceled oral arguments scheduled for Dec. 5, and questions persist about whether a state criminal case can go forward if it interferes with the presidency.
The claim appears to distort a Nov. 29 article published by the New York Post that cites unidentified people who say the state Supreme Court is likely to intervene and end the Georgia case. But the article does not state that the dismissal had taken place. There are likewise no credible reports of the case being thrown out.
Trump and 18 co-defendants were charged in Fulton County with trying to steal the 2020 presidential election in Georgia. Four have pleaded guilty in the case. Trump and the 14 remaining co-defendants have pleaded not guilty.
USA TODAY previously debunked false claims that Willis was “impeached,” that a judge removed her from the Trump prosecution and that the case ended in February.
USA TODAY reached out to multiple social media users who shared the claim but did not immediately receive responses. A spokesperson for the state Supreme Court declined to provide an on-the-record response.
Our fact-check sources
Supreme Court of Georgia (archive), Dec. 3, Docket Search
Supreme Court of Georgia (archive), July 13, 2023, Case Information
Supreme Court of Georgia, July 17, 2023, Case No. S23O1134
Lawfare, July 17, 2023, Georgia Supreme Court Dismisses Trump's Request for Fulton County Intervention
Court of Appeals of the State of Georgia (archive), Dec. 2, Docket Search
New York Post (archive), Nov. 29, Fani Willis is the last person still prosecuting Trump — but the case isn’t likely to last much longer: sources
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This article originally appeared on USA TODAY: Georgia court didn't toss Fani Willis' case against Trump | Fact check