The unconstitutionality of his ongoing indictment’: Trump asks Georgia Court of Appeals to thoroughly steamroll Fani Willis and drop RICO case with an investigation ‘into its own jurisdiction’

On Wednesday, the Georgia Court of Appeals was urged by President-elect Donald Trump’s lawyers to drop him from the ongoing, but stalled, attempt to have Fulton County District Attorney Fani Willis removed from the well-known racketeering (RICO) case she started in Atlanta.

Rejecting the appeal does not mean that the battle is over; rather, it means that the underlying RICO charge will be dismissed entirely.

The four-page notice of jurisdictional question, which is filed as an interlocutory appeal, cites a pertinent precedent, asks the state’s second-highest court to investigate its own jurisdiction, and comes to the conclusion that jurisdiction is missing.

As President-Elect and soon-to-be 47th President of the United States, President Donald J. Trump hereby notifies this Court of the following jurisdictional issue: the unconstitutionality of his ongoing indictment and prosecution by the State of Georgia in the case that gave rise to this appeal, and its direct impact on this Court’s jurisdiction.

Associated coverage:

According to Steve Sadow, Trump’s lawyer, the head of the executive branch ought to be exonerated of all criminal accusations that are currently ongoing in Fulton County, Georgia.

The motion states that a sitting president is exempt from indictment and all state and federal criminal proceedings. It also cites U.S. Department of Justice guidelines that forbid federal law enforcement authorities from targeting a sitting president.

According to the request, special counsel Jack Smith just submitted the last paperwork needed to get Trump’s two federal cases in the Southern District of Florida and Washington, D.C., dismissed.

Sadow contends that the admirable action taken by the federal government is comparable to the impartiality displayed by Peach State prosecutors.

Trump’s defense lawyer argues that state prosecutors cannot take any action against the sitting by using the US Constitution’s Supremacy Clause as well as the ideas of federalism and comity.

Right now, the main lawsuit is on hold.

The extensive, 98-page, 41-count criminal indictment was issued on August 14, 2023. Trump and 18 other people were charged in the document with a number of election-related offenses, including allegedly plotting to void the state’s 2020 election results.

Six codefendants rejected comparable offers that would have required guilty pleas by the end of 2023, while four codefendants had accepted plea agreements.

Simultaneously, at the end of January this year, nine codefendants had united in a somewhat successful effort to have Willis and her whole office taken out of the case.

As the drive to disqualify Willis gathered steam, the case was essentially closed in district court. The dismissal case is currently before the state’s court of appeals; however, in late November, when Trump was elected as the 47th president of the United States, the appellate court inexplicably put a stop to further proceedings until further notice.

Willis has declared her desire to continue litigating the case, regardless of the number of defendants left after pretrial motions and collateral appeals are finished.

The state’s assertive approach seemed to suggest that the prosecutor was not prepared to distance herself from Trump just because he had taken back the White House.

Willis or her office’s future efforts in the lawsuit might be thwarted by Wednesday’s motion.

According to the motion, 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 against the will of the Georgia people as demonstrated by the results of the most recent election.

Willis has demonstrated herself to be a political adversary of Trump, utilizing her anti-Trump views to strengthen her own electoral credentials at the expense of our constitutional framework, according to Sadow.

We shouldn’t tolerate this any longer, the defense says.

Accordingly, the title of the request suggests that this Court should investigate its jurisdiction to continue hearing this appeal even before President Trump takes office.

After conducting this investigation, the Court should conclude that the State of Georgia’s ongoing indictment and prosecution of President Trump is unlawful, and that neither this Court nor the trial court has the authority to hear any additional criminal proceedings against him.

President Trump respectfully requests that this Court reject his appeal for lack of jurisdiction once it has made that determination, and directs the trial court to promptly drop the indictment against him.

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