Trump’s lawyers argue state court cannot rule on federal issues in Georgia election case

by | Apr 24, 2024

President Trump's legal team has submitted a supplemental brief advocating for the dismissal of two charges against him in the Georgia election interference case.

As per the brief, the argument posits that Georgia lacks the authority to prosecute an individual for actions falling within the purview of the federal judiciary, such as perjury, as this falls under the jurisdiction of the federal government rather than the state.

The citation of the case In re Loney, 134 U.S. 372 (1890), underscores the argument made in the brief. Essentially, the court's ruling in that case established that the charges contravened with federal law, rather than state law, and cannot be enforced. While state law might suggest the possibility of prosecution in state court, this authority is superseded by the exclusive jurisdiction of the federal government. Therefore, any charges stemming from such actions must be dismissed.

Also cited is Ross v. State from the 1800s, where the Georgia Supreme Court emphasized that the offense outlined in the document pertained to the public justice of the United States, extending beyond the jurisdiction of Georgia alone. His lawyers also included a more recent case, People v. Hassan from 2008, which underscored a similar legal principle. In that instance, the state of California was barred from prosecuting a case concerning false documents associated with a federal immigration investigation.

Read the brief here.

Source: Fox 5 Atlanta

 

 

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