Trump’s Legal Team Challenges Georgia Indictment

Clear Facts

• Donald Trump’s legal team has filed a request to dismiss the indictment brought by Fulton County District Attorney Fani Willis in Georgia.
• The indictment accuses Trump and 18 others of attempting to overturn Georgia’s 2020 election results, violating the state’s RICO Act.
• Trump’s legal team argues that the indictment is unconstitutional, citing presidential immunity and the supremacy clause.

In a bold move, Donald Trump’s legal team has called for the dismissal of the indictment brought against him by Fulton County District Attorney Fani Willis. This legal maneuver, filed on Wednesday, challenges the charges related to alleged attempts to overturn Georgia’s 2020 election results. Trump’s team argues that the case is unconstitutional and that the court lacks jurisdiction over a sitting president.

The indictment, which includes Trump and 18 others, accuses them of violating Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act. However, Trump’s legal counsel, Steven Sadow, contends that as the President-elect, Trump is “completely immune” from such state or federal indictments.

“President Donald J. Trump hereby notifies this Court of a following jurisdictional issue: the unconstitutionality of his continued indictment and prosecution by the State of Georgia,” Sadow stated in the filing.

The legal team draws on the U.S. Constitution, emphasizing that a sitting president is not subject to arrest or detention. They also reference the Department of Justice’s precedent of not indicting a sitting president, as seen in the dismissal of two cases against Trump by special counsel Jack Smith.

Furthermore, Trump’s lawyers argue that the indictment violates the supremacy clause of the Constitution, which restricts state judges and prosecutors from interfering with presidential duties.

“Accordingly, well before the inauguration of President Trump, this Court should inquire into this jurisdiction to continue to hear this appeal,” the filing concludes.

The case against Trump has faced delays, with the Georgia Court of Appeals considering whether to disqualify Willis over an alleged undisclosed relationship with a special prosecutor. This development has put the proceedings on hold, with oral arguments canceled, further postponing the case.

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