President-elect Donald Trump has petitioned a Georgia appeals court to dismiss the criminal charges against him for allegedly attempting to “overturn” the 2020 election “results.”
“A sitting president is completely immune from indictment or any criminal process, state or federal,” Trump’s attorney Steve Sadow wrote in a five-page filing, referencing Justice Department policies established during Bill Clinton’s administration.
Sadow urged the court to resolve the case before Trump’s inauguration by directing Judge Scott McAfee to dismiss the charges, effectively ending the last pending criminal case against him that has not yet gone to trial.
Trump’s legal team argues that constitutional principles and Supreme Court precedent “prevent state prosecutors from proceeding against the sitting president in any way.” This claim has never been fully examined in court, as Trump is the first former—and now incoming—president to face criminal charges.
The Georgia case accuses Trump of participating in a broad racketeering conspiracy to “overturn” the state’s 2020 election results. Proceedings have stalled for months while Fulton County District Attorney Fani Willis faces challenges to her leadership. Trump and his allies have sought her disqualification, citing a financial conflict of interest related to her romantic relationship with a former lead prosecutor.
The Georgia Court of Appeals paused the case earlier this year while reviewing the dispute over Willis’ role.
