Trump claims presidential immunity in new filing in push to halt Georgia case
President Donald Trump (U.S. Air Force photo by Airman 1st Class Spencer Slocum)
FULTON COUNTY, Ga. - President-elect Donald Trump is requesting the Georgia Court of Appeals dismiss his case in Fulton County related to alleged interference in Georgia’s 2020 election results, citing a "lack of jurisdiction."
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According to paperwork filed Wednesday by Trump’s attorney, Steve Sadow, the Georgia court lacks jurisdiction to proceed with Trump’s indictment and prosecution because he is the President-elect and will soon assume office as the 47th President of the United States.
The filing argues that a sitting president is immune from criminal indictment or prosecution at both state and federal levels. It cites the 2000 Office of Legal Counsel (OLC) memorandum and historical precedent, including constitutional commentary and case law, to support the claim.
The notice also raises concerns about local bias and political prejudice in Georgia, asserting that such actions undermine federal independence and threaten constitutional principles.
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The motion requests the appellate court and trial court dismiss the proceedings entirely on jurisdictional grounds.
"President Trump has filed a motion requesting the Georgia Court of Appeals confirm its lack of jurisdiction to continue hearing his appeal now that he is President-Elect and will soon become the 47th President of the United States, and then direct the trial court to immediately dismiss the case. The filing states that any ongoing criminal proceeding against a sitting president must be dismissed under the U.S. Constitution. The two federal criminal cases have already been dismissed by the DOJ," said Trump's lawyer Steve Sadow.
Controversy Surrounding Georgia Case
The case has yet to go to trial due to controversy involving Fulton County District Attorney Fani Willis and former special prosecutor Nathan Wade.
Earlier this year, one of Trump’s co-defendants filed a motion to disqualify Willis, alleging an "improper" relationship with Wade and claiming that Willis was financially benefiting from the case.
Timeline: Fulton County DA Fani Willis, Nathan Wade controversy
Fulton County Superior Court Judge Scott McAfee ruled that Wade could remain on the case if he resigned. Wade complied, stepping down hours after the ruling.
However, Trump and several co-defendants were dissatisfied with the decision and continued to seek Willis’s disqualification, taking their grievances to Georgia’s Supreme Court. The court was set to hear the case on Dec. 5 but recently canceled the hearing without explanation.
RELATED: Georgia appeals court cancels hearing in election interference case against Trump
Federal Cases Dismissed
The two federal indictments against Trump have already been dismissed by the Department of Justice, and Trump is pursuing similar action in his New York hush money case.