President-elect Donald Trump filed a motion Wednesday to dismiss the Georgia election interference case against him, claiming state courts will lack jurisdiction over him when he assumes the presidency next month.
In a filing to the Georgia Court of Appeals, Trump’s attorneys argued that a sitting president is “completely immune from indictment or any criminal process, state or federal.” The motion asks the court to consider its jurisdiction before Trump takes office and requests dismissal of both the appeal and underlying indictment as “unconstitutional.”
The Georgia case, initially involving 19 defendants and multiple charges, has been largely paused pending an appeal regarding prosecutor Fani Willis’s continued involvement despite alleged conflicts of interest. Representatives for Willis declined to comment on Trump’s dismissal request.
The motion follows similar legal victories for Trump, as U.S. Department of Justice special counsel Jack Smith withdrew both federal cases against him last week, citing DOJ policy protecting sitting presidents from indictment. Trump also sought Monday to overturn his New York hush money conviction, arguing it would create unconstitutional “disruptions to the Presidency.”
Separately, former Trump campaign lawyer Kenneth Chesebro, who previously pleaded guilty to conspiracy charges in the Georgia case, filed to invalidate his plea. Chesebro’s attorney argued that the charge he admitted to was later dismissed by Judge Scott McAfee as beyond state jurisdiction.
The Georgia prosecution has faced additional complications from controversy surrounding Willis’s romantic relationship with special prosecutor Nathan Wade. While Judge McAfee allowed Willis to continue leading the case after Wade’s resignation, an appeal of that decision remains pending.
