Judge Scott McAfee ruled last week against disqualifying Fulton County District Attorney Fani Willis from former President Donald Trump’s election interference case in Georgia.
Dissatisfied with the outcome, which led to Willis’ girlfriend resigning as special counsel, attorney Steve Sadow filed a motion on Monday on behalf of Trump and several co-defendants. and asked McAfee to provide a certificate of immediate review of the order. Georgia Court of Appeals.
McAfee granted the motion Wednesday, agreeing that the defendants’ motion to remove and disbar the Democratic prosecutors is “so important to this case that it should be immediately reconsidered.” .
first judgment
McAfee in Fulton County Superior Court after multiple motions were filed on behalf of Trump and his co-defendants accusing Willis of misconduct, starting with attorney Ashley Merchant’s opening salvo on January 8. The judge spent several days hearing testimony about her affair with Democratic Rep. Nathan Wade.
Despite suggestions that Willis and Wade may have misled the court about the timeline of the case, McAfee, who is seeking re-election, chose not to disqualify Willis. Instead, he demanded that either the Democrat or her boyfriend recuse himself from the case.
Mr. Wade resigned hours after Mr. McAfee issued his March 15 ruling.
However, when the judge was faced with the details of the defendants’ alleged relationship with Wade,
Just in case Discussions about financial enrichment and ulterior motives will arise, which will inevitably and understandably lead to such a motion. ”
Blaze News previously reported that Mr McAfee also “dragged Mr Willis in an unprofessional manner”. [her] “testimony during an evidentiary hearing,” her “poor choices,” “serious errors of judgment,” and her “legally inappropriate” statements at an Atlanta-area church in January.
Promotion of appeal
Sadow, President Trump’s lead attorney, filed a joint motion Monday asking the Fulton County Superior Court to grant a certificate of immediate review of the order, saying McAfee’s disqualification was “critically important to this case and “It has a substantial impact on rights.” Due process. ”
Sadow emphasized McAfee’s opinion that Willis’ actions “created an unwarranted impression and created a lingering ‘smell of deception’ in this case,” adding that “an outsider may have suspected that District Attorney Willis “There remains a possibility that we reasonably believe that he is not performing his duties.” It is an independent professional judgment without any compromising influence. ”
Trump lawyers also cited Willis’ Jan. 14 speech, which McAfee acknowledged was “legally inappropriate,” as contributing to the forensic misconduct that required the Georgia Court of Appeals to disbar the Democrat. He suggested that it would likely be approved.
Off to the races
“The order issued on March 15, 2024 regarding the defendant’s motion to remove and disbar the Fulton County District Attorney’s office is of such importance to this case that it will be reviewed immediately,” McAfee said Wednesday. I agree that it should be done.
The judge stated that “the impugned order is not a final judgment and the State has notified the court that it has complied with the request for an order. Therefore, unless directed otherwise by the Court of Appeals, the expedited order is subject to appeal. shall apply only to orders that are . ”
Therefore, it is now up to the Georgia Court of Appeals to decide whether to take up the issue of Willis’ disqualification.
Mr. McAfee indicated that he would proceed with unrelated pretrial matters in the meantime.
Sadow ridiculed those who suggested it was impossible, saying, “So much for the so-called ‘expert’ naysayers who said Judge McAfee would not issue a certificate. I know who you are!!!” he wrote.
Sadow shared an image of a post from an assistant professor of law at Georgia State so others could see who he was referring to as well.
anthony michael kreis “I am increasingly skeptical that Judge McAfee will issue a certificate for immediate review. He essentially applies the defendant’s preferred disqualification criteria and within hours the DA’s office He has developed the treatment he has taken and I think there is reason to believe he is ready to move on.” upon. ”
Sadow suggested that Kreis may “need a new crystal ball or Ouija board.”
Trump’s lead lawyer also criticized Chris Timmons, a former Georgia prosecutor and jury trial expert, and questioned whether McAfee would allow the defense to appeal the order.
Sadow
Said “The defense is optimistic that the case will be dismissed on appeal and the DA’s office will be disqualified,” it said in a statement obtained by USA Today.
Keith Johnson is a Georgia-based defense attorney and former prosecutor.
Said The New York Post said the pretrial decision to allow McAfee to appeal is unusual and effectively blocks the trial from proceeding.
“Practically speaking, the trial cannot proceed until the Georgia Court of Appeals rules on Judge McAfee’s order allowing District Attorney Willis to remain as prosecutor in this case,” Johnson said. Ta.
The Post said Willis did not respond to requests for comment.
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