ATLANTA — In a new court filing Wednesday, Fulton County District Attorney Fani Willis told the Georgia Court of Appeals that it should reject President-elect Donald Trump’s arguments to dismiss the case over presidential immunity.
“While the courts’ understanding of presidential immunity continues to evolve, ‘president-elect immunity’ obviously does not exist,” the ruling said.
Willis said that despite Trump’s impending inauguration next month, the case should not be thrown out and that Trump’s lawyers failed to show why a state prosecution should be subject to Department of Justice rules of not being able to prosecute sitting presidents.
“Appellant does not specify or articulate how the appeal -- or indeed, any other aspect of this case -- will constitutionally impede or interfere with his duties once he assumes office,” the ruling said.
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According to the filing, the Department of Justice’s policies do not bind state prosecutors, and past court decisions have not clearly established a precedent for state cases proceeding against a sitting president.
Hours later, Trump’s Georgia attorney Steve Sadow filed a response saying, “The State chose in its response to attack the notice itself and not the merits of President Trump’s position.”
“The State effectively concedes it cannot continue the prosecution of President Trump, the incoming 47th President of the United States, and must dismiss the indictment against him.
Trump and 14 others are facing charges that they conspired to overturn the 2020 election here in Georgia in which he lost the state to President Joe Biden.
Four others have already taken plea deals in the case.
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