President-elect Donald Trump has urged a Georgia Appeals Court to dismiss the criminal case accusing him of attempting to overturn his 2020 election loss. On Wednesday, Trump’s legal team argued that Fulton County District Attorney Fani Willis’s prosecution violates the U.S. Constitution, as Trump prepares to assume office next month. Willis has also charged several of Trump’s allies in the case.
Legal Team Seeks Full Dismissal
Trump’s lawyers called on the appeals court to remove him from the proceedings and to direct the lower court to dismiss the case entirely. They claim that continuing the prosecution would undermine Trump’s ability to govern effectively as president. A spokesperson for Willis did not immediately respond to requests for comment.
Federal prosecutors have already dropped two criminal cases against Trump, citing a Department of Justice policy that prohibits prosecuting a sitting president. Separately, Trump’s sentencing in New York on charges related to hush money payments to an adult film actress has been put on hold indefinitely following his election victory over Democratic Vice President Kamala Harris. Trump’s legal team renewed efforts to have that case dismissed earlier this week.
Racketeering Charges and Allegations of Bias
In Georgia, Trump and 14 others face racketeering and additional charges for allegedly conspiring to reverse his narrow loss in the state during the 2020 election. Trump, who has pleaded not guilty, continues to assert that the charges are politically motivated.
Trump’s legal team also sought to disqualify Willis from the case, arguing that her past romantic relationship with a former deputy prosecutor has tainted the proceedings. Eight of Trump’s co-defendants joined the motion. The Georgia case has been on pause since June due to the appeal, and although oral arguments were initially scheduled for Thursday, the court postponed them without explanation last month.
Limited Authority as President
While Trump cannot unilaterally end the Georgia case as president, his lawyers emphasize that proceeding with the prosecution risks impairing his ability to govern. If the court removes Trump from the case, the other defendants can continue their appeals independently.
