OPINION | This article contains the author's opinion.
Prominent legal analyst John Malcolm believes that former President Donald Trump’s RICO case in Fulton County, Georgia, could be in jeopardy if the appeals court in Washington, D.C., rules that Trump is protected by presidential immunity for actions related to the 2020 election.
Trump is facing legal cases at both state and federal levels, including an indictment from the Department of Justice, and has pleaded not guilty to all charges.
The case is scheduled for trial in March 2024. Meanwhile, a co-defendant in the Georgia case has made claims about the district attorney, alleging a personal relationship with a special prosecutor and improper use of county funds. (Trending: Clintons Scramble To Delete Embarrassing Photo, But Were Too Slow)
According to Newsweek, “Trump, the frontrunner in the 2024 GOP presidential primary, is currently facing several legal cases both on the state and federal level including an indictment from the Department of Justice (DOJ) where the former president is accused of attempting to overturn the results of the 2020 presidential election that led to the events of the January 6, 2021, U.S. Capitol riot.”
“He has pleaded not guilty to the charges and has appealed a ruling from Judge Tanya Chutkan, who is overseeing the case and who refused that he had presidential immunity that claims he can’t be charged with acts committed while in office. Chutkan has scheduled a March 4, 2024, trial date for Trump.”
The court filing explained, “From 1789 to 2023, no President ever faced criminal prosecution for acts committed while in office. That unbroken historic tradition of presidential immunity is rooted in the separation of powers and the text of the Constitution.”
Michael McAuliffe, a former federal prosecutor, said, Trump’s team “is hoping that the immunity issue provides a complete shield, but if not, still have the prosecutors and the courts expend significant time and attention in resolving the issue.”
“There is scant support in the Constitution or otherwise to conclude a president is immune from criminal prosecution in all circumstances, but it’s an issue that demands careful scrutiny and a clear, cogent decision by the court,” he added.
The Atlanta Journal-Constitution reported that the motion “offers no concrete proof of the romantic ties between Willis and Wade, except to say ‘sources close to both the special prosecutor and the district attorney have confirmed they had an ongoing, personal relationship.’”
The outlet noted that some allegations would be considered “honest services fraud, a federal crime in which a vendor gives kickbacks to an employer.”