DA Fani Willis says Georgia election interference case against Donald Trump should move forward

Trump's filing also wasn't a motion, Wakeford said. Instead, it was simply an opinion containing conclusive statements rather than reasoned arguments.

And while the courts' understanding of presidential immunity continues to evolve, immunity for the president-elect obviously does not exist, Wakeford wrote. And while the U.S. Constitution gives a sitting president authority as chief executive, an elected president has none.

ExploreLatest Update: Georgia Court of Appeals Removes DA Fani Willis from Prosecution in Trump Georgia Case

Trump's lawyers had cited a memo prepared by the U.S. Justice Department's Office of Legal Counsel that said the Constitution prohibits prosecutors from interfering with a president-elect's ability to exercise executive functions.

But the opinions of the Office of Legal Counsel are not binding and apply only to federal, not state, prosecutions, Wakeford wrote. He added that the legal reasoning in Trump's case was insufficiently supported.

In their filing, Trump's lawyers did not elaborate or explain how the appeal or any other aspect of this case would constitutionally hinder or interfere with his duties once he takes office, Wakeford wrote. The opinion mentions these concepts without actually examining them or applying them to current circumstances.

Trump's lawyers are once again suggesting (as he has in every case brought against him in every jurisdiction) that these lawsuits are politically motivated, Wakeford wrote. The charges against (Trump) actually stem from his own actions.

Trump's Atlanta lawyers, in a subsequent court filing Wednesday, said they only intended to alert this court to a question of jurisdiction and (Trump's) legal position on how and when the issue should be addressed.

But the prosecutor's office chose in its response to attack the opinion itself and not the merits of President Trump's position, the lawyers said.

ExploreTrumps re-election could delay Georgia case until he leaves office

The election interference case has been put on hold while the Georgia Court of Appeals considers whether Willis and his office should be removed from the 2020 election case.

Several defendants, including Trump, say the prosecutor's former romantic relationship with Nathan Wade, the outside attorney she hired to lead the case, represents a conflict of interest. They also highlighted several statements she made to the media and in a fiery speech at church early last year.

The three-judge panel in the case recently canceled oral arguments that had been scheduled for early December, without explanation. The court is expected to make its decision by mid-March.

The losing side is expected to appeal to the state Supreme Court, meaning the issue likely won't be resolved until later in 2025.

Willis, who was recently elected to a second four-year term, suggested she would pursue prosecution of Trump if she is allowed to pursue the case. However, many constitutional law professors have argued that the courts would force Willis to delay his trial against Trump while he is in office, although there is no precedent for state prosecutions of presidents, qu they are entering or in practice.

ExploreFani Willis was re-elected district attorney in November

Even if the prosecutor is not allowed to prosecute Trump until 2029, she could still continue trying his 14 co-defendants, including former White House chief of staff Mark Meadows and former personal attorney Rudy Giuliani.

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