ATLANTA (AP) — President-elect Donald Trump is trying to get the Georgia election interference case against him dismissed, claiming the state's courts will not have jurisdiction over him once he returns to the White House next month.
The Georgia case against Trump and others is mostly on hold pending a pretrial appeal of an order allowing prosecutor Fani Willis to remain on the case despite what defense attorneys say is a conflict of interest. Trump's attorneys on Wednesday filed a notice with the Georgia Court of Appeals saying a sitting president is “completely immune from indictment or any criminal process, state or federal.”
The filing asks the court of appeals to consider before he becomes president next month whether it has jurisdiction to continue to hear the case. It says the court should conclude that it and the trial court lack jurisdiction “as the continued indictment and prosecution of President Trump by the State of Georgia are unconstitutional.”
Trump's lawyers ask that the appeals court dismiss his appeal for lack of jurisdiction and instruct the trial court to immediately dismiss the indictment against him.
Also Wednesday, former Trump campaign lawyer Kenneth Chesebro, who pleaded guilty to a conspiracy charge in the case, asked a court to invalidate that plea. Chesebro was one of four people to plead guilty in the case in the months following the indictment.
Representatives for Fulton County District Attorney Fani Willis declined to comment on Trump's and Chesebro's requests.
Trump and some of the other remaining defendants, who have pleaded not guilty, were already seeking to have Willis removed from the case or to have the indictment dismissed. They argued that a romantic relationship she had with Nathan Wade, a special prosecutor she appointed to lead the case, created a conflict of interest.
Willis and Wade have acknowledged that they had a relationship but have said it began after he was hired and ended before the indictment against Trump was filed.
Trump and other defendants argued that the relationship created a conflict of interest that should disqualify Willis and her office from continuing with her prosecution of the case. Fulton County Superior Court Judge Scott McAfee ruled in March that Willis’ actions showed a “tremendous lapse in judgment,” but he did not find a conflict of interest that would disqualify Willis. He said she could continue her prosecution as long as Wade stepped aside, which he did.
The appeal of that ruling to the Georgia Court of Appeals remains pending but must be decided by March.
Chesebro was charged in August 2023, alongside Trump and 17 others, in a sprawling indictment accusing them of participating in a wide-ranging scheme to overturn Trump's loss in the 2020 presidential election in Georgia. He pleaded guilty to a single conspiracy count a few months later after reaching a deal with prosecutors just before he was to go to trial.
His lawyer on Wednesday asked Fulton County Superior Court Judge Scott McAfee to invalidate the plea after McAfee in September tossed out the charge to which he had pleaded guilty.
“In Georgia, a defendant cannot plead guilty to a charge that does not constitute a crime,” defense attorney Manny Arora wrote, adding that a failure to invalidate his plea would violate Chesebro's constitutional right to due process.
Prosecutors have said Chesebro was part of a plot to have a group of 16 Georgia Republicans sign a certificate falsely saying that Trump had won Georgia and declaring themselves the state’s “duly elected and qualified” electors. He pleaded guilty in October 2023 to one felony charge of conspiracy to commit filing false documents related to the the filing of that document with the federal court in Atlanta.
In a September ruling, McAfee wrote that punishing someone for filing certain documents with a federal court would “enable a state to constrict the scope of materials assessed by a federal court and impair the administration of justice in that tribunal to police its own proceedings.” He concluded that the count must be quashed “as beyond the jurisdiction of this State.”
Republican presidential nominee former President Donald Trump is reflected in the bullet proof glass as he finishes speaking at a campaign rally in Lititz, Pa., Sunday, Nov. 3, 2024. (AP Photo/Matt Rourke)
FILE - Fulton County District Attorney Fani Willis speaks during a news conference, Aug. 14, 2023, in Atlanta. (AP Photo/John Bazemore, File)
FILE - Kenneth Chesebro speaks to Fulton County Superior Court Judge Scott McAfee during a hearing where Chesebro accepted a plea deal from the Fulton County district attorney at the Fulton County Courthouse, Oct. 20, 2023, in Atlanta. (Alyssa Pointer/Pool Photo via AP, File)
NEW YORK (AP) — UnitedHealthcare's CEO was shot and killed Wednesday in a “brazen, targeted attack” outside a Manhattan hotel where the health insurer was holding its investor conference, police said, setting off a massive dragnet hours before the annual Rockefeller Center Christmas tree lighting.
Brian Thompson, 50, was shot around 6:45 a.m. as he walked alone to the New York Hilton Midtown from a nearby hotel, police said. The shooter appeared to be “lying in wait for several minutes” before approaching Thompson from behind and opening fire, New York City Police Commissioner Jessica Tisch said. Police had not yet established a motive.
“Many people passed the suspect, but he appeared to wait for his intended target,” Tisch said, adding that the shooting "does not appear to be a random act of violence.”
Surveillance video reviewed by investigators shows the shooter emerging from behind a parked car, stopping and pointing a gun at Thompson’s back, holding it with two hands and firing multiple times from several feet away. The suspect continues firing, interrupted by a brief gun jam, as Thompson stumbles forward and falls to the sidewalk. The shooter is then seen walking past Thompson and out of the frame.
“From watching the video, it does seem that he’s proficient in the use of firearms as he was able to clear the malfunctions pretty quickly,” NYPD Chief of Detectives Joseph Kenny said.
Thompson was shot at least once in the back and once in the calf, Tisch said.
The shooter, who police said appeared to be a man wearing a jacket, face mask and carrying a backpack, fled on foot before pedaling an e-bike into Central Park a few blocks away. The shooter was at large, sparking a search that included police drones, helicopters and dogs.
“We are deeply saddened and shocked at the passing of our dear friend and colleague Brian Thompson, the CEO of UnitedHealthcare," the insurer's Minnetonka, Minnesota-based parent company, UnitedHealth Group Inc., said in a statement.
“Brian was a highly respected colleague and friend to all who worked with him,” UnitedHealth Group said. "We are working closely with the New York Police Department and ask for your patience and understanding during this difficult time.”
Police issued a poster showing a surveillance image of the suspect pointing what appeared to be a gun and another image that appeared to show the same person on a bicycle. They offered a reward of up to $10,000 for information leading to an arrest and conviction.
Thompson’s wife, Paulette Thompson, told NBC News that he told her “there were some people that had been threatening him.” She said she didn’t have details but suggested the threats may have involved issues with insurance coverage.
Eric Werner, the police chief in the Minneapolis suburb where Thompson lived, said his department had not received any reports of threats against the executive.
The killing shook a part of New York City that's normally quiet at that hour, happening about four blocks from where tens of thousands of people were set to gather for Wednesday night’s tree lighting. Police promised extra security for the event, which will go on as scheduled.
The hotel is also a short walk from other tourist sites, including the Museum of Modern Art, and is often dense with office workers and visitors on weekday mornings. Many security cameras are nearby.
“We’re encouraging New Yorkers to go about their daily lives and their daily business but to be alert,” NYPD Chief of Department Jeffrey Maddrey said.
Investigators recovered several 9 mm shell casings from outside the hotel and a cellphone from the alleyway through which the suspect fled. They were also searching Thompson's hotel room, interviewing his UnitedHealthcare colleagues and reviewing his social media, Kenny said.
The e-bike that the shooter used to ride into Central Park came from the city’s bike-share program, CitiBike. A spokesperson for fLyft, which operates the program, said the company had not yet been contacted by police.
Health care giant UnitedHealth Group was holding its annual meeting with investors to update Wall Street on the company's direction and expectations for the coming year. The company ended the conference early in the wake of Thompson's death.
“I’m afraid that we — some of you may know we’re dealing with a very serious medical situation with one of our team members,” a company official told attendees, according to a transcript. “And as a result, I’m afraid we’re going to have to bring to a close the event today. ... I’m sure you’ll understand.”
Thompson had served as CEO for more than three years and had been with the company since 2004.
UnitedHealthcare is the largest provider of Medicare Advantage plans in the U.S. and manages health insurance coverage for employers and state-and federally funded Medicaid programs.
Minnesota Gov. Tim Walz tweeted that the state is “sending our prayers to Brian’s family and the UnitedHealthcare team.”
“This is horrifying news and a terrible loss for the business and health care community in Minnesota,” the Democrat wrote.
Associated Press writers Tom Murphy in Indianapolis, Steve Karnowski in St. Paul, Minnesota, and Anthony Izaguirre in Albany, New York, contributed to this story.
Members of the New York police crime scene unit investigate bullets lying on the sidewalk at the scene outside the Hilton Hotel in midtown Manhattan where Brian Thompson, the CEO of UnitedHealthcare, was fatally shot, Wednesday, Dec. 4, 2024, in New York. (AP Photo/Stefan Jeremiah)
A New York police officer stands outside the Hilton Hotel in midtown Manhattan where Brian Thompson, the CEO of UnitedHealthcare, was fatally shot, Wednesday, Dec. 4, 2024, in New York. (AP Photo/Stefan Jeremiah)
A New York police officer stands outside the Hilton Hotel in midtown Manhattan where Brian Thompson, the CEO of UnitedHealthcare, was fatally shot, Wednesday, Dec. 4, 2024, in New York. (AP Photo/Stefan Jeremiah)
Members of the New York police crime scene unit pick up cups marking the spots where bullets lie as they investigate the scene outside the Hilton Hotel in midtown Manhattan where Brian Thompson, the CEO of UnitedHealthcare, was fatally shot Wednesday, Dec. 4, 2024, in New York. (AP Photo/Stefan Jeremiah)
Members of the New York police crime scene unit photograph bullets lying on the sidewalk as they investigate the scene outside the Hilton Hotel in midtown Manhattan where Brian Thompson, the CEO of UnitedHealthcare, was fatally shot, Wednesday, Dec. 4, 2024, in New York. (AP Photo/Stefan Jeremiah)
Bullets lie on the sidewalk at the scene outside the Hilton Hotel in midtown Manhattan where Brian Thompson, the CEO of UnitedHealthcare, was fatally shot, Wednesday, Dec. 4, 2024, in New York. (AP Photo/Stefan Jeremiah)
Members of the New York police crime scene unit investigate bullets lying on the sidewalk at the scene outside the Hilton Hotel in midtown Manhattan where Brian Thompson, the CEO of UnitedHealthcare, was fatally shot, Wednesday, Dec. 4, 2024, in New York. (AP Photo/Stefan Jeremiah)
New York police homicide investigators walk outside the Hilton Hotel in midtown Manhattan where Brian Thompson, the CEO of UnitedHealthcare, was fatally shot, Wednesday, Dec. 4, 2024, in New York. (AP Photo/Stefan Jeremiah)
A New York police officer stands outside the Hilton Hotel in midtown Manhattan where Brian Thompson, the CEO of UnitedHealthcare, was fatally shot, Wednesday, Dec. 4, 2024, in New York. (AP Photo/Stefan Jeremiah)
Paper cups mark spots at the scene outside the Hilton Hotel in midtown Manhattan where Brian Thompson, the CEO of UnitedHealthcare, was fatally shot, Wednesday, Dec. 4, 2024, in New York. (AP Photo/Stefan Jeremiah)
Members of the New York police crime scene unit investigate the scene outside the Hilton Hotel in midtown Manhattan where Brian Thompson, the CEO of UnitedHealthcare, was fatally shot, Wednesday, Dec. 4, 2024, in New York. (AP Photo/Stefan Jeremiah)
A New York police officer stands outside the Hilton Hotel in midtown Manhattan where Brian Thompson, the CEO of UnitedHealthcare, was fatally shot, Wednesday, Dec. 4, 2024, in New York. (AP Photo/Stefan Jeremiah)
The UnitedHealthcare headquarters in Minnetonka, Minn., lowered its flags to half-staff on Wednesday, Dec. 4, 2024, in honor of CEO Brian Thompson, who was fatally shot outside a hotel in New York. (Kerem Yücel/Minnesota Public Radio via AP)
A New York police officer walks outside a hotel in midtown Manhattan where Brian Thompson, the CEO of UnitedHealthcare, was fatally shot Wednesday, Wednesday, Dec. 4, 2024, in New York. (AP Photo/Joe Frederick)
This combination of images provided by the New York City Police Department shows the suspect sought in the the killing of UnitedHealthcare CEO Brian Thompson outside a Manhattan hotel where the health insurer was holding an investor conference, Wednesday, Dec. 4, 2024. (New York City Police Department via AP)
This undated photo provided by UnitedHealth Group shows UnitedHealthcare chief executive officer Brian Thompson. (AP Photo/UnitedHealth Group via AP)
A New York police officer stands on 54th Street outside the Hilton Hotel in midtown Manhattan where Brian Thompson, the CEO of UnitedHealthcare, was fatally shot Wednesday, Dec. 4, 2024, in New York. (AP Photo/Stefan Jeremiah)
New York police homicide investigators walk outside the Hilton Hotel in midtown Manhattan where Brian Thompson, the CEO of UnitedHealthcare, was fatally shot Wednesday, Wednesday, Dec. 4, 2024, in New York. (AP Photo/Stefan Jeremiah)
A New York police officer stands outside the Hilton Hotel in midtown Manhattan where Brian Thompson, the CEO of UnitedHealthcare, was fatally shot Wednesday, Wednesday, Dec. 4, 2024, in New York. (AP Photo/Stefan Jeremiah)
Paper cups mark spots at the scene outside the Hilton Hotel in midtown Manhattan where Brian Thompson, the CEO of UnitedHealthcare, was fatally shot Wednesday, Wednesday, Dec. 4, 2024, in New York. (AP Photo/Stefan Jeremiah)
Members of the New York police crime scene unit investigate the scene outside the Hilton Hotel in midtown Manhattan where Brian Thompson, the CEO of UnitedHealthcare, was fatally shot Wednesday, Wednesday, Dec. 4, 2024, in New York. (AP Photo/Stefan Jeremiah)
A New York police officer stands outside the Hilton Hotel in midtown Manhattan where Brian Thompson, the CEO of UnitedHealthcare, was fatally shot Wednesday, Wednesday, Dec. 4, 2024, in New York. (AP Photo/Stefan Jeremiah)
A New York police officer stands on 54th Street outside the Hilton Hotel in midtown Manhattan where Brian Thompson, the CEO of UnitedHealthcare, was fatally shot Wednesday, Dec. 4, 2024, in New York. (AP Photo/Stefan Jeremiah)
The UnitedHealthcare headquarters in Minnetonka, Minn., lowered its flags to half-staff on Wednesday, Dec. 4, 2024, in honor of CEO Brian Thompson, who was fatally shot outside a hotel in New York. (Kerem Yücel/Minnesota Public Radio via AP)
This undated photo provided by UnitedHealth Group shows UnitedHealthcare chief executive officer Brian Thompson. (AP Photo/UnitedHealth Group via AP)
A New York police officer walks outside a hotel where a shooting occurred in midtown Manhattan, Wednesday, Dec. 4, 2024, in New York. (AP Photo/Joe Frederick)
