GA attorneys weigh in on Supreme Court’s decision regarding presidential immunity in criminal cases


Georgia attorneys are weighing in on the Supreme Court’s decision regarding presidential immunity in criminal cases.

“Essentially it’s gutted the Georgia case as far as going forward anytime soon,” Attorney Manny Arora said.

On Monday, the U.S. Supreme Court voted six to three, rejecting Donald Trump’s claim of presidential immunity from criminal prosecution.

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Instead, the court ruled absolute immunity for “official acts”, but not immunity for “unofficial acts”. Arora says it will be up to a lower court to determine what those unofficial acts are.

“This is a huge hurdle in prosecuting the case,” Arora said.

Arora defended Trump’s codefendant Kenneth Chesebro in the election interference case. Chesebro took a plea deal last year.

Arora says because of the Supreme Court’s ruling, district attorneys in other states who’ve charged Trump will now have to review their cases, including here in Fulton County.

“Based on the RICO indictment they’ll have to decide which acts are official and which aren’t, that’s going to be very interesting and there’s going to be a lot of appellate work,” Arora said.

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Trump’s attorneys have stated on the record some of his actions were in an unofficial capacity. However, they also argue state prosecutors lack the authority to criminalize conduct on a federal level.

Trump’s lead counsel in Georgia, has filed a motion seeking to have the case thrown out because of presidential immunity. Fulton County Superior Court judge Scott McAfee has not ruled on Trump’s request.

“Everything is going to come down to what is official and what isn’t, because theoretically, you may have made the president above the law,” Arora said.

A spokesperson for District Attorney Fani Willis said they cannot comment on pending litigation.

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