ATLANTA — President-elect Donald Trump has filed a motion with the Georgia Court of Appeals to dismiss a criminal case accusing him of attempting to overturn the 2020 election. Trump’s legal team argues that his upcoming return to the presidency grants him immunity from prosecution.
The case stems from a 2023 indictment by Fulton County District Attorney Fani Willis, charging Trump and 14 others with racketeering. The charges allege a coordinated effort to reverse President Joe Biden’s victory in Georgia during the 2020 election. Trump has denied the allegations.
In a filing submitted Wednesday, Trump’s attorney, Steve Sadow, argued that the case must be dismissed because the Constitution protects sitting presidents from indictment or criminal proceedings. “A sitting president is completely immune from indictment or any criminal process, state or federal,” Sadow wrote.
The filing also asks the appeals court to instruct the trial court to immediately terminate the case, asserting that ongoing proceedings would violate constitutional protections for the presidency.
The case has faced significant setbacks in recent months. Earlier this year, the investigation led by Willis was marred by revelations of an affair between Willis and Nathan Wade, the lead prosecutor she appointed to oversee the Trump case. Wade resigned following the disclosure, and the case has been on hold as Trump’s team pursued appeals to remove Willis from the case.
Last month, the Georgia Court of Appeals abruptly cancelled oral arguments on whether Willis should be disqualified due to alleged misconduct.
Separately, two federal criminal cases against Trump have been dropped on similar immunity grounds since his re-election, and sentencing in a New York state hush money case has been postponed indefinitely.
Trump’s motion comes as he prepares to take office in January, a development that could complicate efforts to prosecute the case. At the same time, Trump’s legal team insists that presidential immunity bars any criminal proceedings, legal experts note that such claims have rarely been tested in state-level cases.
The Fulton County District Attorney’s office did not immediately respond to requests for comment on Wednesday.
Trump’s push for dismissal coincides with broader scrutiny of the Fulton County investigation, which delays and allegations of misconduct have hampered. If the Georgia case is dismissed, it would mark another significant legal victory for Trump, who has avoided prosecution in several high-profile cases since his re-election.
The Georgia Court of Appeals has yet to announce a timeline for its decision.
