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Trump Seeks Dismissal of Georgia RICO Case

 December 5, 2024

President-elect Donald Trump is seeking dismissal of his Georgia RICO case, contending that his impending presidential immunity shields him from prosecution.

The case involves alleged efforts to overturn Georgia's 2020 election results, and Willis' continued pursuit of the matter remains a significant legal challenge that the president-elect now believes should be dropped altogether, as the Washington Examiner reports.

In a motion filed with the Georgia Court of Appeals, Trump's legal team argues that his upcoming presidency, effective Jan. 20, grants him immunity from criminal prosecution as per U.S. law.

This motion highlights the principle of presidential immunity as endorsed by longstanding Department of Justice policies, which state that proceedings against a sitting president could disrupt governmental operations.

Legal Team Argues Presidential Immunity

The legal document further asserts that a local prosecution repels constitutional protections, citing Supreme Court cases such as McCulloch v. Maryland and Trump v. Vance. These rulings are used to bolster the argument that state actions should not hinder federal functions.

Central to the case is an accusation that Trump engaged in an attempt to reverse Georgia's election outcome using means that violate the state's Racketeer Influenced and Corrupt Organizations Act (RICO).

President-elect Trump's attorneys emphasize the dismissal of two federal cases against him post-election, suggesting his upcoming role shields him from state prosecution.

Trump's legal team insists on the lack of jurisdiction in Georgia, urging the court to dismiss the charges against him and other defendants.

Prosecution Faces Complications and Challenges

Willis, Fulton County’s district attorney, is leading the charge against Trump and 18 others tied to the alleged scheme. Her case, however, has hit multiple snags, such as the cancellation of planned oral arguments set for Dec. 5.

While four of Willis's co-defendants have taken plea bargains contingent on their honest testimony, others, notably Kenneth Chesebro, are legal pushing back on their plea agreements. Chesebro recently lodged a request to nullify his plea.

Meanwhile, the Georgia appellate court is delving into potential impropriety linked to Willis’s former special prosecutor, Nathan Wade, a point of contention for Trump’s defense.

Potential Impact on Future Legal Proceedings

There is continuing speculation surrounding the fate of remaining co-defendants, particularly regarding the likelihood of facing separate trials as Trump begins his second term. The scenario is complicated further by recent actions from defense teams, calling into question the case's progression.

Defense attorney Steve Sadow succinctly captured Trump's reasoning by stating, “The case should be dismissed now that he is President-elect and will soon become the 47th President.” This sentiment reflects Trump's broader strategy to assert dominance over state-level legal obstacles by emphasizing the federal government's supremacy.

A key argument in the motion points to alleged partisan motivations behind D.A. Willis's prosecution, claiming it stands against the choices of Georgia's electorate. “A local prosecutor...is acting in clear opposition to the will of the citizens of Georgia as reflected by the recent election results,” asserts Trump’s lawyers.

Exploring the Role of Federal Supreme Clause

Willis's RICO indictment against Trump highlights ongoing debates over state versus federal authority. The defense, through detailed legal reasoning, seeks to underscore the limits of state prosecution in hindering federal duties.

The geographical spotlight remains on Georgia, where electoral tensions in 2020 set the stage for ongoing legal wranglings. As Trump’s legal challenges continue, this case serves as a focal point for debates around presidential power and immunity.

Ultimately, the court's decisions on this high-profile dismissal will offer critical insights into the extent of presidential immunity amid allegations of electoral manipulation.

Observers keenly await the next moves in this legal chess match as Jan. 20 draws nearer.