Fani Willis’s Case Against Trump Is Nearly Unpardonable — Raising Possibility of a State Prosecution of a Sitting President

The case brought by the district attorney of Fulton County could stretch past Trump’s inauguration, auguring a constitutional clash.

Fulton County Sheriff's Office via AP
President Trump's booking photo, taken on August 24, 2023, in Fani Willis's racketeering case. Fulton County Sheriff's Office via AP

When President-elect Trump takes the oath of office on January 20, the Constitution ordains that he “shall have Power to grant Reprieves and Pardons for Offences against the United States.” 

That has been taken to cover federal crimes, but not state ones — like the ones brought by the district attorney of Fulton County, Fani Willis. She charged Trump and 18 others with racketeering and other crimes against the Peach State in connection to efforts to reverse the result of the 2020 presidential election.

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