Trump wants Fulton County case dismissed

President-elect Donald Trump is in search of to recall his Fulton County home court case in Georgia attributable to “lack of jurisdiction.”

Trump and his legal team filed a motion with the Georgia Court of Appeals on December 4, arguing that his jurisdiction is proscribed because he’ll soon be the forty seventh president of the United States, citing presidential immunity. “President Trump has filed a motion asking the Georgia Court of Appeals to confirm his lack of jurisdiction to proceed with his appeal now that he is president-elect and soon to become the 47th president of the United States, and then directing the trial court to immediately dismiss the case ” reads the motion filed by attorney Steve Sadow.

“The filing states that under the United States Constitution, all pending criminal proceedings against a sitting president must be dismissed. The Department of Justice has already dismissed two federal criminal cases.”

According to the documents, Trump is “entirely immune from indictment or any criminal trial, state or federal.” The court was also asked to listen to Trump’s case before his inauguration in January 2025.

The filing got here just days after Fulton County District Attorney Fani Willis was asked to show over all correspondence with special counsel Jack Smith. Both offices were ordered to individually prosecute the businessman accused 4 times.

Trump’s criminal case in Georgia has remained in limbo for months because the Court of Appeals continues to organize arguments to see whether Willis can stay within the case. WITH on racketeering charges, the case’s continuation will rely on whether the district attorney is disqualified attributable to her romantic relationship together with her former special prosecutor, which can come to light in early 2024. A ruling is predicted to be made, in line with CNN submitted in early spring 2025

While Sadow continues to insist that “under the United States Constitution, any pending criminal proceedings against a sitting president must be dismissed,” co-defendants involved within the case try to bring closure to the case. Attorney Kenneth Chesebro is in search of to have his guilty plea overturned after being accused of election conspiracy. In October 2023, Cheseboro pleaded guilty to 1 count of conspiracy to file false documents.

However, on December 3, his lawyer filed a post-conviction appeal against the merits of the charge and asked for the sentence to be dismissed, citing Judge Scott McAfee’s September 2024 decision to dismiss a few of the charges. “The Court found that section 15… is unconstitutional as to the facts alleged in the indictment,” the lawsuit said.

McAfee sentenced Chesebro to 5 years’ probation and ordered him to pay $5,000 in restitution. In return, Chesebro agreed to testify in future court proceedings.