Judge Scott McAfee last week decided against disqualifying Fulton County District Attorney Fani Willis from former President Donald Trump’s election interference case in Georgia. Instead, he demanded that either Democrats or her lover, special counsel Nathan Wade, resign.
Mr. Wade ultimately fell on his own knife, resigning just hours after the Fulton County Superior Court judge’s ruling. While this may have satisfied the judge, the defense decided Willis still deserved to lose the case.
Indicating that the Willis disqualification controversy may continue, Steve Sadow filed the following motion:
motion On Monday, on behalf of Trump and his co-defendants, they requested that McAfee be granted a certificate of immediate review of the March 15 court order to the Georgia Court of Appeals.
background
Blaze News previously reported that while McAfee did not ultimately disqualify Willis on March 15, when confronted with details of the defendants’ alleged relationship with Wade, Just in case Discussions about economic enrichment and ulterior motives will arise, which will inevitably and understandably lead to such a motion. ”
McAfee ultimately determined that there was insufficient evidence that Willis “obtained a personal interest in the prosecution or that her financial arrangements had any influence on the case.”
However, he suggested that “a financial split has not been confirmed.” [between Willis and Wade] This gives the impression that the district attorney may have benefited, even immaterially, from a contract whose award is solely within its purview and the purview of the police force. ”
McAfee also accused Willis of “serious errors in judgment” and “unprofessional behavior.” [her] “Testimony during an evidentiary hearing,” her “wrong choices,” and her “legally inappropriate” remarks at an Atlanta-area church in January.
appeal motion
Sadow, President Trump’s lead attorney, said Monday in a joint motion asking the Fulton County Superior Court to grant a certificate of immediate review of the order that the disqualification ruling is “critically important to this case and has substantial implications for the rights of the defendant.” It will have an impact.” Please follow due process. ”
“Furthermore, given the lack of guidance from the Court of Appeals on important issues and the fact that the error in the March 15 order may be a structural error requiring a retrial, the immediate The granting of a certificate of examination is both prudent and warranted,” Sadow added.
Sadow emphasized McAfee’s recognition that Willis’ actions “created an impression of impropriety and created a lingering ‘smell of deception’ in this case,” and added that “an outsider had suspected that District Attorney Willis was “There is a continuing possibility that it can be reasonably considered that he has not performed his duties.” It is an independent professional judgment without any compromising influence. ”
Sadow also seized on McAfee’s argument that Willis’ racially charged Jan. 14 speech was “legally inappropriate,” with a Georgia appellate court ruling that the speech was a It is likely that the case will proceed to the point where it will be found to have contributed to forensic misconduct that would require disqualification.
The defense attorney pointed out that “Mr. Wade’s resignation is not sufficient to correct the appearance of fraud that the court found to exist.” Sadow said the relevant case law suggests the case should be dismissed outright, but that Willis should at least be disqualified.
Sadow wrote that it is important to have the appellate court consider this issue before the trial, as there is precedent for doing so, and that otherwise there is a risk that the outcome would spike in a way that would require a new trial. he emphasized.
NBC News
I got it. There is no automatic right to appeal at this stage, and McAfee said it must grant permission to appeal within 10 days of the March 15 ruling. Additionally, the Georgia Court of Appeals must agree to hear the case.
But if the stars align and the defendants are able to appeal the verdict, the already unscheduled trial is likely to be delayed even further. Even if there is no appeal, it is highly unlikely that the trial will take place before the 2024 election, and if Trump is re-elected, he will ask the U.S. Supreme Court to delay the case until he leaves office. may be requested.
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