A lawyer for the former president said he can’t face trial if he wins the election next November.
Former President Donald Trump’s lawyers argued in the Georgia election case that the charges should be thrown out because it’s a violation of his “free speech” and also noted that if he wins the 2024 presidential election, the Fulton County trial cannot go through.
During a roughly six-hour hearing in Fulton County on Dec. 1, Fulton County Judge Scott McAfee asked Mr. Sadow what would happen if President Trump wins the 2024 election and if the trial hasn’t occurred yet.
“Under the Supremacy Clause and its duty to the president of the United States, this trial would not take place at all until after he left his term of office,” the former president’s attorney said in response, according to a live stream posted on the judge’s YouTube page.
It means that the former president wins the 2024 election and Judge McAfee agreed that he shouldn’t be tried until he leaves office, which would delay the trial date to at least January 20, 2029.
Responding to the claims, Fulton County prosecutor Nathan Wade said Ms. Willis “has no interest in interfering or getting involved in this presidential election” and said she is trying “to move this case forward.” He added, “Our obvious goal is, and has been, to stick to our August trial date.”
The judge did not issue any rulings from the bench during the Dec. 1 hearing. He also has not scheduled a new trial date for the case.
In a recent court filing, Ms. Willis’ office said prosecutors expect the proceedings to run until early 2025, which would run in tandem with the ending months of the 2024 presidential campaign. National polls show that President Trump is overwhelmingly the Republican favorite for president, including in key primary states.
The former president’s lawyers said the former president would prefer not to be on trial in August 2024, noting his status as the leading Republican presidential candidate. State prosecutors previously have said they are seeking a trial date around that time, which would come about three months before the presidential election next November.