Now that the election results are final, Donald Trump is making his move against Fulton County DA Fani Willis.
Trump is taking one more shot at having the Georgia RICO case dismissed.
Trump’s attorneys are arguing that since he will soon be in office, he cannot be put on trial, so the charges should be dismissed.
Right and Wrong
Trump’s attorneys are arguing that a “sitting president is completely immune from indictment or any criminal process, state or federal.”
They are correct on that front, but that does not necessarily mean the charges need to be dropped.
If we look at what Special Counsel Jack Smith did, both federal cases were dropped against Trump.
However, Jack Smith had them dismissed without prejudice, so the charges can be refiled again after Trump leaves office.
So, if Democrats take back the White House in 2028, a Democrat AG could, if they felt like it, revive those cases.
Regarding the Georgia case, the appellate court has already canceled the hearing on Fani Willis remaining on the case, so that tells me the case is going to be indefinitely delayed.
My guess is that Willis will do something similar, having the case dismissed without prejudice so she can have the option of refiling charges down the road.
If this all plays out as we think it will, the only case remaining for Trump would be the Alvin Bragg case, but sentencing has been indefinitely suspended in that case as well.
The scuttlebutt on that case is that Judge Merchan was considering vacating the verdict but Bragg insists that he does not want to have the case dismissed.
So, Trump could find himself being sentenced to prison in four years, although I don’t see that as likely.
More or less, Trump has managed to beat all these charges and come out no worse for wear.
The only thing he needs to do now is appeal the Letitia James business fraud case, or at least get that penalty reduced to something reasonable, and all this will be behind him.
