Trump moves to dismiss Georgia indictment on presidential immunity grounds
President-elect Donald Trump's legal team filed a request to dismiss the Georgia indictment that accused him of attempting to overturn the 2020 presidential election.
On Wednesday, Trump's attorney, Steven Sadow, contended that the state-level case should be thrown out over a "lack of jurisdiction," arguing that "a sitting president is completely immune from indictment or any criminal process, state or federal."
Moving forward with sentencing ... would be 'uniquely destabilizing' for the country.
Sadow pointed out that the Department of Justice filed motions to dismiss both federal indictments against Trump — one of which mirrored the allegations in Georgia — following his victory in the November presidential election.
"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," Sadow wrote.
Trump is no longer facing any federal indictments. DOJ expenditures, reviewed by Fox News Digital, revealed that the Biden administration's lawfare against Trump cost taxpayers at least $50 million.
The New York criminal case in which Trump was found guilty on all 34 counts of falsifying business records is currently up in the air. In that case, Judge Juan Merchan accepted the defense's request to file a motion for dismissal for his review.
Trump's attorney in the case, Todd Blanche, argued that Trump's presidential win was "a mandate that supersedes the political motivations of DANY's 'People,'" referring to Manhattan District Attorney Alvin Bragg. He noted that moving forward with sentencing, which was originally scheduled for July, would be "uniquely destabilizing" for the country.
The Georgia indictment, which never went to trial, has been tied up in the courts after Fulton County District Attorney Fani Willis was caught having an affair with special prosecutor Nathan Wade, who has since stepped down.
A state appeals court abruptly canceled a December 5 pretrial hearing to determine whether Willis should be disqualified from the case. The court stated that the hearing would be canceled "until further order."
Some speculated that the court's cancelation may indicate that it plans to boot Willis from the case on the merits without requiring an oral hearing. The court is expected to make a decision by the spring.
The Fulton County District Attorney's Office did not respond to a request for comment from WXIA-TV.
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