The Charges
Trump asks Georgia court to dismiss election interference case against him, saying a sitting president can’t be prosecuted
By Nick Valencia and Jason Morris, CNN
3 minute read
Updated 3:33 PM EST, Wed December 4, 2024
Donald Trump boards Trump Force One as he departs Atlanta Hartsfield-Jackson International Airport after being booked at the Fulton County jail on August 24, 2023 in Atlanta.
Donald Trump boards Trump Force One as he departs Atlanta Hartsfield-Jackson International Airport after being booked at the Fulton County jail on August 24, 2023 in Atlanta. Joe Raedle/Getty Images/File
CNN
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President-elect Donald Trump has asked a court to dismiss the criminal case against him related to efforts to overturn the 2020 election results in Georgia.
In a filing on Wednesday, Trump and his attorney argued that the Georgia state Court of Appeals lacks jurisdiction to “entertain any further criminal process” over him as the incoming president and the indictment should be dismissed.
“A sitting president is completely immune from indictment or any criminal process, state or federal,” Trump’s attorney Steve Sadow wrote in the filing. “President Trump respectfully submits that upon reaching that decision, this Court should dismiss his appeal for lack of jurisdiction with directions to the trial court to immediately dismiss the indictment against President Trump.”
In this January 6, 2021 photo, then-President Donald Trump speaks to supporters from The Ellipse near the White House in Washington, DC.
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Trump’s criminal case has effectively been on hold as the Georgia Court of Appeals prepares to hear arguments over whether Fulton County District Attorney Fani Willis can remain on the case.
“Any ongoing criminal proceeding against a sitting president must be dismissed under the U.S. Constitution,” Sadow added in a statement. He noted that two federal criminal cases again