Donald Trump is seeking to have his election interference case dismissed. On Dec. 4, Trump’s attorneys asked the Georgia Court of Appeals to dismiss the RICO case presented by Fulton County D.A. Fani Willis.
Trump’s lawyers claim that it is unconstitutional to prosecute a person who is about to become president.
In the filing, Trump’s team wrote, “A sitting president is completely immune from indictment or any criminal process, state or federal.”
The motion only seeks protection for Trump and does not include his 14 co-defendants.
Willis could possibly continue her case against the co-defendants next year and pick-up Trump’s case in 2029. Last month, Willis’ case received a legal win after the Supreme Court declined to hear an appeal from former White House Chief of Staff Mark Meadows to have the election interference case moved from Fulton County to federal court.
Meadows is one of Trump’s co-defendants indicted in Georgia by Willis on charges that they illegally conspired to keep then-President Trump in office after he lost the 2020 election.
The RICO case centers around the 2020 election probe when Trump asked Secretary of State Brad Raffensperger during a phone call to help him secure over 11,000 votes, the amount in which he trailed Joe Biden in Georgia.
Meadows argued that due to him being a federal officer during the alleged crimes, the case should be taken to a federal court. The move to federal court would have given Meadows a more favorable jury pool and the possibility of being pardoned by president-elect Trump.
Prior to the Supreme Court’s decision to decline to hear Meadow’s appeal, the 11th Circuit Court of Appeals in Atlanta ruled that Meadows is no longer a federal official and his actions were “not related to his official duties.”
As Trump prepares to head back to the White House, Willis continues to prepare for the election interference trial.
On Oct. 16, Willis asked Georgia’s Court of Appeals to reinstate six criminal charges against Trump and five others who are his co-defendants. The six counts that were dismissed center around alleged act that Trump and his cohorts urged others to violate their oath of office, but the indictment should add further details of the actual office that was violated, Judge McAfee stated in March.
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