The state prosecution of Donald Trump on election interference prices in Georgia could possibly proceed regardless of his impending inauguration, a lawyer for Fulton County District Lawyer Fani Willis signaled in a court docket submitting that urged an appeals court docket to reject the president-elect’s request to throw out the case primarily based on presidential immunity.
The submitting argued that Trump’s legal professionals did not show why a state prosecution could be topic to the Division of Justice memorandum prohibiting the prosecution of a sitting presidents — which was cited by particular counsel Jack Smith when he wound down his federal circumstances towards Trump — or impede Trump’s duties as president.
“Appellant doesn’t specify or articulate how the attraction — or certainly, some other facet of this case — will constitutionally impede or intervene along with his duties as soon as he assumes workplace,” Fulton County Chief Senior Assistant District Lawyer F. McDonald Wakeford wrote.
“The discover makes point out of those ideas with out really inspecting them or making use of them to the current circumstances. In different phrases, Appellant has not executed the work however would very very like for this Courtroom to take action,” the submitting mentioned.
In response to the submitting, state prosecutors aren’t certain by the Division of Justice’s insurance policies, and previous court docket choices haven’t clearly established a precedent for state circumstances continuing towards a sitting president.
“Given these obscure statements, to easily invoke the phrase ‘federalism and comity issues,’ with out extra, provides nothing of substance,” the submitting mentioned, accusing Trump’s lawyer of constructing “sweeping authorized generalizations that are both deceptive or oversimplified” and offering “a smattering of quotations which can be alternately mischaracterized or stripped of context.”
Trump and 18 others pleaded not responsible final yr to all prices in a sweeping racketeering indictment for alleged efforts to overturn the outcomes of the 2020 presidential election within the state of Georgia. 4 defendants subsequently took plea offers in alternate for agreeing to testify towards different defendants.
Wakeford, in his submitting, urged the Georgia Courtroom of Appeals to reject or ignore Trump’s request to order the dismissal of the case, describing Trump’s latest submitting as nothing greater than a “decree.”
Republican presidential nominee, former President Donald Trump seems on throughout a roundtable with religion leaders at Christ Chapel on Oct. 23, 2024 in Zebulon, Ga.
Anna Moneymaker/Getty Pictures, FILE
“The discover thus fails to adequately notify this Courtroom of something aside from the result that Appellant would like — and expects — to see,” the submitting mentioned. “Such a submitting is finest understood as a decree. Appellant has supplied this Courtroom with half a thought and gestured towards a smattering of constitutional rules, and consequently, he feels entitled to instruct this Courtroom as to what its conclusions are anticipated to be.”
The Georgia Courtroom of Appeals took up Trump’s case after trial Decide Scott McAfee declined to disqualify Willis over her romantic relationship with a fellow prosecutor, who was compelled to resign from the case. Earlier this month, Trump’s lawyer despatched the court docket a discover requesting they order the trial choose to dismiss the case primarily based on Trump’s presidential immunity, which they argued utilized to him as president-elect.
Wakeford, in his submitting, categorically denied the existence of president-elect immunity.
“Whereas the courts’ understanding of presidential immunity continues to evolve, ‘president-elect immunity’ clearly doesn’t exist,” the submitting mentioned.
Wakeford additionally defended the integrity of the case towards Trump, accusing the president-elect of utilizing a “acquainted tactic” when he argued the case is politically motivated.
“This case is thus the results of two separate grand juries and years of investigation, and any suggestion it’s motivated by ‘potential native prejudice’ stays completely unfounded,” the submitting mentioned.
