Trump Attorneys Move to Have Georgia RICO Case Dismissed
Once again, Donald Trump’s attorneys are motioning to have the Georgia RICO case brought by Fulton County DA Fani Willis dismissed.
His legal team claims that a "sitting president is completely immune from indictment or any criminal process, state or federal."
Trump’s attorneys are clearly hoping that Willis will follow Special Counsel Jack Smith after having dropped his two cases against Trump.
Yes and No
Trump’s attorneys are correct that a sitting president cannot be put on trial, but that does not mean the cases necessarily need to be dropped.
If you noticed, when Jack Smith dropped his cases, he had them dropped without prejudice, which means the charges can be refiled after Donald Trump leaves office.
It is for that reason that I warned people from getting too excited because if Democrats win back the White House in 2028, and Trump is still creating havoc for Democrats, I fully expect a Democrat AG to refile against Trump.
For Willis, this is a career case, so I am not so sure she will follow suit.
However, we should note, the appeals court hearing on whether Willis could stay on the case has been canceled without a rescheduled hearing, so that tells me the courts are not willing to move forward for the foreseeable future.
Even though Trump once faced four criminal trials, the only case that came to fruition was the case brought by Manhattan DA Alvin Bragg.
Trump was found guilty in that case, but the sentencing for the trial has been indefinitely delayed (Bragg has been adamant he does not want to drop the case against Trump).
I believe Willis will resist this motion, but even if the court does grant it, again, I expect it to be without prejudice so charges can be filed again in the future.
As long as Trump is alive, Democrats are going to come after him, so these cases will always be looming in his future.