Lawyers for former President Trump have filed opening arguments in their appeal of a court order seeking to remove District Attorney Fani Willis from a broad campaign lawsuit against the former president in Georgia.
“This brief persuasively argues that the Court should have dismissed the case and disbarred Attorney Willis because of her forensic misconduct and alleged misconduct between her and her taxpayer-funded lover, former Special Prosecutor Wade,” Trump’s lead lawyer, Steve Sadow, said in a statement.
“We are optimistic that the court will rule in our favor.”
The Georgia Court of Appeals has agreed to hear arguments on October 4 in an appeal filed by Trump and his co-defendants who claim Willis was removed from the case because of her “inappropriate” relationship with former special counsel Nathan Wade.
Former Fani Willis staffer says she was fired after blowing the whistle on DA spending
Fulton County District Attorney Fani Willis speaks to the media after winning the 2024 Democratic Primary Election in Buckhead, Georgia, on May 21, 2024. (AP Photo/Bryn Anderson)
“Should a prosecutor be disbarred for knowingly and repeatedly violating ethical and professional standards to the detriment of a defendant for personal or political gain? Denied,” the brief argues.
“Is disqualification necessary when a prosecutor gives false testimony and conceals misconduct, thereby creating an ‘odor of deception’ and an ‘impression of serious misconduct?'” the report states. “Definitely. How can anyone have confidence in the impartiality of the prosecutor’s actions if he or she deflects attention from the misconduct by claiming on national television that defendants who reveal true accusations are dishonest racists? Absolutely not.”
The appeals court suspended legal activity against Trump, effectively eliminating Willis’s opportunity to try the former president before the November election.
Trump’s appeal to remove Fani Willis from Georgia lawsuit set to be heard in October
Willis filed a motion earlier this month to have a lower court dismiss his appeal. He said there was “no basis” for appealing Fulton Superior Court Judge Scott McAfee’s March ruling that allowed Willis to continue his lawsuit, finding there was not enough evidence to support the allegation that he had a conflict of interest.
Trump’s lawyers called the motion a “last resort attempt to block appellate review.” [her] “Fraud”
Trump Indicted in August A years-long criminal investigation led by Willis and Georgia prosecutors led to him being indicted along with 18 co-defendants for allegedly trying to overturn the 2020 presidential election in that state.
The charges include violating Georgia’s RICO statute, soliciting a public servant to violate his oath of office, conspiracy to impersonate a public servant, first-degree forgery conspiracy, conspiracy to make false statements and documents, conspiracy to submit false documents, first-degree forgery conspiracy and submitting false documents.
Since then, Willis has struggled to get around obstacles in his efforts to bring Trump, the presumptive Republican presidential nominee, to justice ahead of the election.
McAfee dismissed six of the charges in March, saying the state had failed to allege sufficient detail on six counts of “soliciting a public servant to violate his oath of office.”
District Attorney Fani Willis during a hearing in the case of State of Georgia v. Donald John Trump, March 1, 2024, at the Fulton County Courthouse in Atlanta. (Alex Slits Pool/Getty Images)
In February, Michael Roman, a Republican activist and co-defendant in the case, made shocking accusations that Willis had an “inappropriate” relationship with Wade, whom he hired in November 2021 to help prosecute the case.
Other co-defendants made similar claims, alleging that she benefited financially from spending lavish holidays with him.
both Wade and Willis deny it The two had been romantically involved before Wade was hired and split the cost of the trips, Willis said, adding that she paid Wade’s share of the cost in cash.
Following an evidentiary hearing in February Judge McAfee Wade needed to be fired to prevent Willis from being disqualified in President Trump’s election interference case.
“[T]”The record he established highlights significant signs of misconduct affecting the current makeup of the prosecution team that must be eliminated by the state choosing one of two options,” he wrote, adding that Willis and her entire office could choose to recuse themselves or Wade could choose to withdraw from the case.
Wade subsequently resigned as special counsel.
In his March order, Judge McAfee said Willis’s “reimbursement practices” were “unusual and the complete lack of documentary support legitimately concerns” but ultimately found the defendants had not presented “sufficient evidence” that the costs were not “approximately evenly divided.”
He also said, “The evidence shows that financial benefits arising from the relationship with Mr. Wade were not a motive for the District Attorney to indict and prosecute this case.”
“[T]”The Court finds that the record produced at the evidentiary hearing establishes that the District Attorney’s prosecution was hampered by alleged misconduct,” McAfee wrote in his order.
Georgia prosecutor Fani Willis appeals after judge drops multiple charges against Trump
Nathan Wade arrives before Fulton County District Attorney Fani Willis speaks after winning the 2024 Democratic primary election in Buckhead, Georgia, on May 21, 2024. (Associated Press)
“As the case progresses, reasonable citizens may easily wonder whether financial transactions continued to occur, providing some benefit to the District Attorney, or whether a romantic relationship was resumed.”
“In other words, to an outsider, it could be reasonably believed that the district attorney is not exercising independent professional judgment free from any compromising influence. This unnecessary perception will continue as long as Mr. Wade continues to preside over this case,” he said.
Click here to get the FOX News app
When the defense filed a joint motion for a certificate of immediate review in March, McAfee said the Fulton County District Attorney’s March 15 order on the defense’s motion to dismiss and disbarment was “so important to this case that it should be reviewed immediately,” and granted the defense the opportunity to appeal to the Georgia Court of Appeals, which granted it last month.
