President-elect Donald Trump is asking a Georgia appeals court to throw out the criminal charges he is facing in the state for seeking to subvert the 2020 election.

“A sitting president is completely immune from indictment or any criminal process, state or federal,” Trump’s attorney Steve Sadow wrote in a five-page filing, citing Justice Department policies drawn up during Bill Clinton’s presidency.

Sadow argues that the Georgia court should end the pending case before Trump’s inauguration, ordering the trial judge Scott McAfee to dismiss it altogether. That conclusion would end the only lingering criminal case against him that has not already gone to trial.

It’s long been clear that a president can’t face federal criminal proceedings from his own Justice Department. Special counsel Jack Smith acknowledged that reality when he moved to drop his two criminal cases against Trump last month. But the ability of state prosecutors to maintain criminal cases against a sitting president is murkier.

Trump contends that constitutional principles and Supreme Court precedent “prevent state prosecutors from proceeding against the sitting president in any way.” But that proposition has not been tested in the courts, in part because Trump is the first ever former (and now incoming) president to face criminal charges at any level.

The case against Trump in Georgia — where he’s charged with a sweeping racketeering conspiracy for allegedly seeking to corrupt the state’s election results in 2020 — has been stuck for months while the lead prosecutor, Fulton County District Attorney Fani Willis, is fighting to remain in charge. Trump and several allies are seeking to disqualify her from the case, claiming she has a financial conflict of interest stemming from her romantic relationship with a former lead prosecutor.

The Georgia Court of Appeals froze the case earlier this year while it considers that dispute.