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Trump’s legal team asks Georgia court to throw out RICO case against him, citing election

President Donald Trump has asked a Georgia appeals court to dismiss a criminal lawsuit accusing him of election interference, citing presidential immunity when he takes office again in January.

The 78-year-old president-elect was indicted in 2023 on racketeering charges by scandal-scarred Fulton County District Attorney Fani Willis for allegedly trying to overturn the results of the 2020 presidential election in the Peach State. Mr. Trump has denied the allegations.

Trump's lawyers said in a motion filed Wednesday with the Georgia Court of Appeals that the lawsuit should be dismissed for lack of jurisdiction because a sitting president cannot be prosecuted.


Trump's lawyers have asked the Georgia Court of Appeals to dismiss the election interference lawsuit against him. Reuters

The scandal-plagued Fulton County prosecutor, Fani Willis, was the first to file charges. AP

“President Trump affirms that the Georgia Court of Appeals does not have jurisdiction to continue the appeal because he is President-elect and will soon become the 47th President of the United States, and immediately directs the trial court to We have filed a motion asking that the lawsuit be dismissed,” Trump's attorney Steve Sadow said in a statement.

“The filing states that ongoing criminal proceedings against a sitting president must be dismissed under the U.S. Constitution.”

Two federal criminal cases against the incoming 47th president have been dropped on similar grounds, and Trump's sentencing in the New York hush money case has been postponed indefinitely since his reelection last month.

The prosecutor's office did not immediately respond to a request for comment Wednesday afternoon.

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