Trump Seeks to Dismiss Georgia Criminal Case, Citing Presidential Immunity

Trump’s attorneys said presidential immunity and the supremacy clause protected him from prosecution.

(Left) Fulton County District Attorney Fani Willis at the Atlanta Police headquarters in Atlanta on May 3, 2023. (Right) Former President Donald Trump prepares to deliver remarks in Las Vegas on July 8, 2023. Megan Varner; Mario Tama/Getty Images

President-elect Donald Trump’s attorneys asked the Georgia Court of Appeals on Dec. 4 to dismiss his election interference case, arguing it lacks jurisdiction due to presidential immunity.

Addressing the jurisdictional issue, Trump’s attorneys said that sitting presidents are immune from prosecution and that the supremacy clause of the U.S. Constitution protects against state judges and prosecutors interfering with a president’s official duties.