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In a filing on Wednesday, Trump and his attorney argued that the Georgia state Court of Appeals lacks jurisdiction to “entertain any further criminal process” over him as the incoming president and the indictment should be dismissed.
“A sitting president is completely immune from indictment or any criminal process, state or federal,” Trump’s attorney Steve Sadow wrote in the filing. “President Trump respectfully submits that upon reaching that decision, this Court should dismiss his appeal for lack of jurisdiction with directions to the trial court to immediately dismiss the indictment against President Trump.”
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“Any ongoing criminal proceeding against a sitting president must be dismissed under the U.S. Constitution,” Sadow added in a statement. He noted that two federal criminal cases against Trump – over 2020 election interference and his handling of classified information – have already beendropped by the Justice Department.
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Kenneth Chesebro, an attorney who helped orchestrate the 2020 fake electors plot,is seeking to invalidate his guilty plea in the criminal case in Georgia where he was charged with being part of a conspiracy alongside Trump and others.
Chesebro agreed to plead guilty in October 2023 to one felony – conspiracy to commit filing false documents. The right-wing attorney helped devise the Trump campaign’s plot to put forward unauthorized slates of GOP electors in Georgia and six other states in 2020. (In previous court filings, Chesebro’s lawyers have denied that he devised the plan.)
But on Tuesday, Chesebro’s attorney filed a post-conviction challenge to the validity of the indictment and moved to have his guilty plea thrown out. His attorney pointed to Judge Scott McAfee’s decision in Septemberdismissing some of the chargesin the sweeping case, including the charge to which Chesebro pleaded guilty.
“This Court held that Count 15 … is unconstitutional as applied to the facts alleged in the indictment. The reason being that federal law ‘preempts the State’s ability to prosecute perjury and false filings in a federal district court,’ thereby requiring that Count 15 be quashed,” the filing said.
Chesebro was originally charged with seven crimes, including a violation of Georgia’s RICO Act, conspiracy to commit forgery and conspiracy to commit impersonating a public officer. Six of the seven felony charges were dropped as part of his plea deal.
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