Fulton County District Attorney Fani Willis has filed a motion to dismiss an appeal by former President Trump and his co-defendants in the case that sought to remove the prosecutor from a case over a romantic relationship with a subordinate lawyer.
In a motion filed Wednesday, the Wills argued that Fulton Superior Court found there was insufficient evidence to support their claim that Willis had a conflict of interest, and said they had “no basis” to appeal Judge Scott McAfee’s March ruling that allowed Willis’ case to proceed.
“As both this Court and the Supreme Court have repeatedly ruled, Georgia appellate courts will not reverse a trial court’s findings of fact on an issue, except in certain very rare circumstances. When a trial court makes a determination regarding credibility or the weight of the evidence, a reviewing court will not reverse that determination unless it is clearly erroneous,” the motion states.
“Appellate courts do not, and indeed cannot, substitute their own assessment of the factual record for that of the trial court. This principle has been reiterated time and again.”
“The State respectfully submits, with due deference to the Court’s findings of fact, that no basis exists for overturning the impugned order,” the motion states.
Georgia prosecutor Fani Willis appeals after judge drops multiple charges against Trump
Fulton County District Attorney Fani Willis watches a hearing in the case of State of Georgia v. Donald John Trump at the Fulton County Courthouse in Atlanta, Georgia, on March 1, 2024. (Photo by Alex Slits Pool/Getty Images)
Trump and several of his co-defendants alleged earlier this year that Willis and special counsel Nathan Wade had been romantically involved before Trump was hired and that Willis benefited financially from the relationship, allegations both parties deny.
Judge Scott McAfee’s March order McAfee said Wade’s removal was necessary to prevent Willis from being disqualified in Trump’s Georgia election interference lawsuit. McAfee granted the defense’s appeal, and the appeals court announced last week that it would hear the defense’s arguments that still seek to disqualify Willis.
The appeals court agreed to hear the case on October 4 and stayed all other proceedings involving Trump and the defendants until the disqualification issue is resolved.
Trump’s appeal to remove Fani Willis from Georgia lawsuit set to be heard in October
Fulton County District Attorney Fani Willis speaks to the media after winning the Democratic primary election, Tuesday, May 21, 2024, in Buckhead, Georgia. (AP Photo/Bryn Anderson) (AP Photo/Bryn Anderson)
“The state’s motion to dismiss the interlocutory appeal, which has already been granted by the Court of Appeals, appears to be a last resort attempt to block appellate review of District Attorney Willis’ misconduct,” Trump’s lead lawyer, Steve Sadow, said in a statement Wednesday.
“The state’s motion purposefully failed to mention that Judge McAfee’s ruling stated that the hearing testimony of the district attorney and state’s witnesses ‘smelt of falsehood.’ The judge also stated that there was a ‘reasonable doubt’ as to whether Willis and former prosecutor Wade testified falsely. The state has tried this tactic before, without success,” he said.
both Wade and Willis deny it The two had been romantically involved before Wade was hired and split the cost of trips together, with Willis saying she paid Wade her share of the trip cost in cash.
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.”
Former Fani Willis staffer says she was fired after blowing the whistle on DA spending
Special Prosecutor Nathan Wade sits in court during a hearing in the case of State of Georgia v. Donald John Trump, at the Fulton County Courthouse in Atlanta, Georgia, on March 1, 2024. (Alex Slits Pool/Getty Images)
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.”
Judge McAfee in February held a two-day evidentiary hearing in which the defense, led by attorney Ashley Merchant, sought to uncover financial trails that would show Willis had a conflict of interest in the lawsuit against Trump and should be disbarred.
“[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.
“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.
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Wade has since resigned from the District Attorney’s Office.
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 “is 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.
