Donald Trump has asked a Georgia appeals court to throw out a criminal case accusing him of election interference on the grounds that he will have presidential immunity when he takes office again in January.
The 78-year-old president-elect and others were hit with racketeering charges in 2023 by scandal-scarred Fulton County District Attorney Fani Willis for allegedly trying to overturn the 2020 presidential election result in the Peach State. Trump has denied the allegations.
In a filing Wednesday to the Georgia Court of Appeals, Trump’s lawyers said the case should be dismissed for lack of jurisdiction on the grounds the sitting president can’t face prosecution.
“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,” Trump’s lawyer Steve Sadow said in a statement.
“The filing states that any ongoing criminal proceeding against a sitting president must be dismissed under the U.S. Constitution.”
Two federal criminal cases have been dropped against the incoming 47th President on similar grounds and Trump’s sentencing in a New York state hush money case has been indefinitely postponed as well since his re-election last month.
The DA’s office didn’t immediately return a request for comment Wednesday afternoon.
