Trump’s Georgia Case: Unpardonable and Unprecedented
President-elect Trump’s upcoming inauguration raises unprecedented constitutional questions regarding his potential prosecution for state crimes while in office. Georgia Governor Kemp, who has a contentious history with Trump, cannot pardon him for state charges due to Georgia law requiring a guilty verdict, a five-year waiting period, and substantial evidence of injustice. While federal prosecution of a sitting president is generally considered impermissible, state-level prosecutions present a novel legal challenge, potentially impacting both the Georgia and Manhattan cases against Trump. The legal battles surrounding these cases, including challenges to the Georgia prosecutor’s conduct, are ongoing and may be further complicated by Trump’s re-election.