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Republican presidential nominee former President Donald Trump is reflected in the bullet proof glass as he finishes speaking at a campaign rally in Lititz, Pa., Sunday, Nov. 3, 2024. (AP Photo/Matt Rourke)

Trump seeks to have Georgia election case dismissed, citing presidential immunity

President-elect Donald Trump is trying to get the Georgia election interference case against him dismissed

By KATE BRUMBACK
Published - Dec 04, 2024, 04:16 PM ET
Last Updated - Dec 16, 2024, 05:07 PM EST

ATLANTA (AP) — President-elect Donald Trump is trying to get the Georgia election interference case against him dismissed, asserting that the state's courts will not have jurisdiction over him once he returns to the White House next month.

The Georgia case against Trump and others is mostly on hold pending a pretrial appeal of an order allowing prosecutor Fani Willis to remain on the case despite what defense attorneys say is a conflict of interest. Trump's attorneys on Wednesday filed a notice with the Georgia Court of Appeals saying a sitting president is “completely immune from indictment or any criminal process, state or federal.”

The filing asks the appeals court to consider before he becomes president next month whether it has jurisdiction to continue to hear the case. It says the court should conclude that it and the trial court lack jurisdiction “as the continued indictment and prosecution of President Trump by the State of Georgia are unconstitutional.”

Trump's lawyers ask that the appeals court dismiss his appeal for lack of jurisdiction and instruct the trial court to immediately dismiss the indictment against him.

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