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Analysis Of The Georgia Supreme Court Decision Dismissing Trump's Attempt To Stop His Indictment [1]

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Date: 2023-07-17  

Trump filed a plea with the Georgia Supreme Court desperately seeking to stop his pending indictment in that state. He argued that the Special Grand Jury that presumably recommend his indictment acted improperly and the prosecutor should be compelled to recuse because she was biased against him. The Georgia Supreme Court ruled unanimously against him.

You can read the full decision of the Georgia Supreme Court decision HERE.

The GA Supreme Court dismisses for two reasons.

1. Procedurally, the request is premature, the lower courts go first.

2. On the merits. Quote: "even if the petition were procedurally appropriate, Petitioner has not shown that he would be entitled to the relief he seeks." That seems pretty clear.

Going to the merits, precedents cited by Trump apply only to regular grand juries and even if a special grand jury acts improperly that is not a basis to quash its findings because a special grand jury finding is merely a recommendation that must go through a regular grand jury to indict. There cannot be any infringement on a potential defendant’s rights just because a special grand jury merely recommends that a regular grand jury do something.

As for Trump's claims that Willis must be disqualified as biased, the court states Trump has not presented "either the facts or the law necessary to mandate Willis’s disqualification." Again, that seems pretty clear.

By filing this action with the Supreme Court, and getting this unanimous decision against him, Trump has stupidly foreclosed any possibility that he might get a favorable decision at the lower level. Willis may now simply cite the Supreme Court decision, decided on the merits.

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[1] Url: https://www.dailykos.com/stories/2023/7/17/2181823/-Analysis-Of-The-Georgia-Supreme-Court-Decision-Dismissing-Trump-s-Attempt-To-Stop-His-Indictment

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