President-elect Donald Trump’s attorney told a Georgia appeal court on Wednesday that the case against him for election tampering should be dismissed because a sitting president is not subject to criminal prosecution.
In a five-page notice filed on Wednesday, Trump’s attorney Steve Sadow stated that a sitting president is totally immune from indictment and any criminal proceedings, whether state or federal.
Sadow asked the Georgia Court of Appeals to direct the trial judge presiding over the case to dismiss the indictment, arguing that municipal prosecutors cannot meddle in a president’s official duties.
According to Sadow, this is especially true in situations like this one where there is strong evidence of local bias and political prejudice against the president by the local prosecutor, who not only answers to a small portion of the American electorate but is also acting in direct opposition to Georgians’ wishes as demonstrated by the results of the most recent election.
In a broad racketeering indictment last year, Trump and eighteen other defendants entered not guilty pleas to all charges, including attempts to rescind Georgia’s 2020 presidential election results. Later, four defendants agreed to testify against other defendants in exchange for plea deals.
The lawsuit was put on hold when Trump and his co-defendants tried to disqualify Fulton County District Attorney Fani Willis because of her relationship with another prosecutor.
Fulton County Judge Scott McAfee postponed the case while Trump and his co-defendants appealed the ruling, but he declined to disqualify Willis.
Last month, the Georgia Court of Appeals unexpectedly and mysteriously canceled an oral argument that was originally set for December 5.
Sadow argued that the prosecution was unlawful and urged the same appeals court to order McAfee to drop Trump’s indictment.
Trump requested the quick dismissal of his criminal hush money case in New York in a similar motion on Tuesday, arguing that it could jeopardize the federal government’s ability to function and interfere with the president-elect’s transition.
Special counsel Jack Smith tried to have Trump’s federal election meddling case dismissed by a federal judge last week, citing the Justice Department’s standing policy that forbids prosecuting a sitting president.
Citing the same regulation, a federal appeals court also threw Trump out of the government’s ongoing appeal of Smith’s case involving confidential documents.
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Eliot Pierce is a dedicated writer for ChiefsFocus.com, covering local crime and finance news. With a keen eye for detail and a passion for storytelling, Eliot aims to provide his readers with clear and insightful analysis, helping them navigate the complexities of their financial lives while staying informed about important local events. His commitment to delivering accurate and engaging content makes him a valuable resource for the community.