Georgia prosecutors dismiss Trump’s ‘president-elect immunity’ claim in election case

Fulton County District Attorney Fani Willis and her office are moving forward with the Georgia election interference case against President-elect Donald Trump, firmly rejecting his claims of immunity. Prosecutors have urged the Georgia Court of Appeals to deny Trump's request to dismiss the charges, arguing that his status as President-elect does not protect him from prosecution.

In a recent court filing, Fulton County Chief Senior Assistant District Attorney F. McDonald Wakeford dismissed Trump's assertion of immunity as unfounded, stating that no legal precedent supports the concept of "president-elect immunity." Wakeford wrote, "While the courts’ understanding of presidential immunity continues to evolve, ‘president-elect immunity’ obviously does not exist."

Prosecutors emphasized that all executive authority under the U.S. Constitution resides with the incumbent president, not the president-elect. "Appellant does not specify or articulate how the appeal — or indeed, any other aspect of this case — will constitutionally impede or interfere with his duties once he assumes office," Wakeford stated.

The state’s filing characterized Trump’s legal arguments as "underbaked" and accused his attorneys of making sweeping generalizations without substantive analysis. Prosecutors argued that Trump’s notice to the court is procedurally improper and amounts to a "decree" demanding dismissal of all charges without providing legal justification. "The notice thus fails to adequately notify this Court of anything except for the outcome that Appellant would prefer — and expects — to see," the filing stated.

Trump’s legal team, in their December filing, argued that the charges should be dismissed "well before" his inauguration on Jan. 20, 2025, citing a Department of Justice memorandum that prohibits prosecuting sitting presidents. However, prosecutors noted that the DOJ memo applies only to federal cases and has no bearing on state prosecutions.

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In a two-page response filed Wednesday, Trump attorney Steve Sadow reiterated the immunity claims, accusing prosecutors of failing to address the merits of the argument. "The State effectively concedes it cannot continue the prosecution of President Trump, the incoming 47th President of the United States, and must dismiss the indictment against him," Sadow wrote.

Trump and 18 co-defendants pleaded not guilty last year to racketeering charges stemming from efforts to overturn the 2020 presidential election results in Georgia. Four of those defendants have since accepted plea deals and agreed to testify against other co-defendants.

Prosecutors have pushed back against Trump’s assertion that the case is politically motivated. Wakeford’s filing detailed the extensive investigation, including the empaneling of two separate grand juries, that led to the indictments. "This case is thus the result of two separate grand juries and years of investigation, and any suggestion it is motivated by ‘possible local prejudice’ remains utterly unfounded," Wakeford wrote. Wakeford also noted that Trump had previously expressed confidence in the fairness of the Fulton County judicial system when he declined to seek removal of the case to federal court.

The Georgia Court of Appeals is reviewing Trump’s request to dismiss the charges, which was filed after a trial judge declined to disqualify District Attorney Fani Willis over conflict-of-interest allegations. The court’s decision on whether to proceed with Trump’s appeal remains pending.