Donald Trump’s forthcoming presidency might not hinder the proceedings surrounding his Georgia election interference charges, according to an attorney for Fulton County District Attorney Fani Willis.
In documents filed to the court on Wednesday, Willis’s office urged an appeals court to reject the president-elect’s request to throw out the case in light of the Supreme Court’s July ruling on presidential immunity. But the filing also suggested that state prosecution isn’t necessarily beholden to federal statute. The lawyer argued that Trump’s legal representation had failed to demonstrate why state prosecution should be subject to a Justice Department mandate preventing the prosecution of sitting presidents, reported ABC News.
“Appellant does not specify or articulate how the appeal—or indeed, any other aspect of this case—will constitutionally impede or interfere with his duties once he assumes office,” Fulton County Chief Senior Assistant District Attorney F. McDonald Wakeford wrote.
“The notice makes mention of these concepts without actually examining them or applying them to the present circumstances,” Wakeford continued in the filing. “In other words, Appellant has not done the work but would very much like for this Court to do so.”
Willis’s office believes they have wiggle room to proceed, due to a lack of legal precedent related to court proceedings against sitting presidents.
“Given these vague statements, to simply invoke the phrase ‘federalism and comity concerns,’ without more, offers nothing of substance,” the filing said.
Trump and 18 of his allies face racketeering charges in Georgia for their participation in the fake elector conspiracy, including ex-Trump attorney Rudy Giuliani and former white House Chief of Staff Mark Meadows. Four individuals have already pleaded guilty, including the architect of the scheme Kenneth Chesebro, though he has since attempted to withdraw his plea.
