Attorneys for President-elect Donald Trump have asked the Georgia Court of Appeals to dismiss the Fulton County racketeering case, arguing that a sitting president is immune from indictment.
Trump’s legal team filed a motion on Wednesday, asserting that the charges related to the 2020 election interference are unconstitutional. They argued that his status as President-elect grants him immunity from state or federal criminal prosecution. Citing a Department of Justice memorandum, they maintained that presidents cannot be prosecuted while in office, urging the Georgia court to apply the same principle to this case.
This filing follows earlier attempts to disqualify Fulton County District Attorney Fani Willis from prosecuting the case due to alleged conflicts of interest. However, the Georgia Court of Appeals canceled a hearing on the disqualification without explanation last month, leaving the case in limbo.
Broader Context
The Georgia case is the only remaining active criminal case against Trump after federal prosecutors dismissed two cases last month. Trump was convicted on felony charges in a New York case earlier this year, but sentencing remains delayed. Trump’s lawyers emphasized the urgency of resolving the Fulton County case before his inauguration to avoid any legal complications.
DA’s Office Response
The Fulton County District Attorney’s office declined to comment on the latest motion. Meanwhile, Trump’s legal team, led by Steven Sadow, Jennifer Little, and Matthew Winchester, urged the appeals court to expedite their decision to dismiss the indictment.
Implications Moving Forward
If the Georgia Court of Appeals dismisses the case, it could set a significant precedent regarding the scope of presidential immunity. Critics and supporters alike continue to debate the constitutionality of prosecuting a sitting or President-elect at the state level.
As the nation awaits the court’s decision, the outcome will undoubtedly influence the legal landscape surrounding presidential immunity and state-level prosecutions.
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