Former President Trump and several of his co-defendants seek permission to appeal after Fulton County Superior Court Judge Scott McAfee rules against dismissing the case and disbarring District Attorney Fani Willis. ing.
McAfee last week denied dismissing Trump and Willis’ disbarment lawsuits outright. Instead, he called on Fulton County Special Prosecutor Nathan Wade to recuse himself from the case. McAfee warned that without Wade’s retraction, Willis would be disqualified from prosecuting Trump. Wade withdrew within hours of the judge’s order.
Four co-defendants accused Willis of having an “improper” relationship with Wade, whom they hired to prosecute. Mr. Willis and Mr. Wade denied the allegations.
Fulton County Prosecutor Nathan Wade withdraws from Trump case, allowing Da Fani Willis to continue
fannie willis and donald trump (Getty Images)
Monday’s motion was made by Trump and several others, including Rudy Giuliani, Mark Meadows, Robert Cheeley, Michael Roman, David Shafer, Harrison Floyd and Kathleen Latham. Filed on behalf of co-defendants.
Trump and his co-defendants are seeking permission to appeal the McAfee ruling.
“In its order, the court stated that District Attorney Willis’ conduct created a lingering lingering tinge of impropriety and “scent of deception” in this case, and that “an outsider would reasonably believe that District Attorney Willis had acted improperly.” “[W]e did not exercise independent professional judgment without any compromising influence,” the motion states. “Nonetheless, the court declined to disqualify District Attorney Willis, finding that removing the special assistant district attorney would not eliminate the evidence of wrongdoing.”
In their motion, the defendants argue that “relevant case law requires dismissal of the case, or at the very least, disqualification of the district attorney and his entire office based on the facts presented here; Mr. Wade’s resignation alone is not sufficient.” I believe that,” he added. The court has determined the existence of fraud and is in order to correct the appearance. ”
“Given these facts and the current state of case law, it is time for the Court of Appeals to speak clearly on the issues that will affect this outcome.”
“The motion further finds that the court lacks precedent in Georgia case law governing the standard for prosecutor disqualification for forensic misconduct,” President Trump’s attorney Steve Sadow said in a statement. “For these reasons, among others, the court’s order is ripe for pre-trial hearing,” it added. Appeal review. ”
Judge Scott McAfee (left), Fulton County District Attorney Fani Willis (center), and Special Prosecutor Nathan Wade (right). (Getty Images)
Judge Rules: Fani Willis must recuse herself from Trump case or fire Special Counsel Nathan Wade
The filing comes after McAfee withdrew six charges in the case last week. Georgia election interference case against Trump and his 18 co-defendants.
In Wednesday’s order, McAfee said the state did not allege six counts of “abetment of violation of oath by a public official” with sufficient detail.
“The court’s concern is not that the state fails to allege sufficient conduct by the defendants; it actually alleges ample conduct. “The lack of detail regarding the elements is fatal in the undersigned opinion,” McAfee wrote. .
Rudy Giuliani, former personal attorney to former President Donald Trump, departs from E. Barrett Prettyman U.S. District Court in Washington, DC, on December 11, 2023. (Drew Angerer/Getty Images)
“As written, these six counts contain all the essential elements of a crime, but do not allege sufficient detail about the nature of the commission, i.e., solicitation of the underlying felony.” The judge continued.
“The defendant may have violated the Constitution, and thus the statute, in dozens, if not hundreds, of different ways, so the defendant has not been provided with enough information to intelligently prepare a defense. do not have.”
Georgia law prohibits public officials from knowingly violating the terms of their oath established by law.Mr. Willis argued that President Trump and six co-defendants Unlawfully attempted to persuade numerous state officials to violate their oaths in order to overturn Georgia’s 2020 presidential election.
White House chief of staff Mark Meadows speaks with reporters at the White House on October 21, 2020 in Washington. (AP Photo/Alex Brandon, File)
Willis charged Trump with one count of violating Georgia’s RICO law, three counts of criminal abetting, six counts of conspiracy, one count of filing false documents, and two counts of making false statements.
Mr. Trump has pleaded not guilty to all charges.
Meanwhile, the defendants argue that Willis benefited financially from hiring Wade in 2021 because the two had been romantically involved and had taken several trips together. did. Michael Roman, a Republican operative who worked on President Trump’s 2020 re-election campaign, said Wade’s law firm has billed taxpayers $650,000 at a rate of $250 an hour since Wade was hired. He claimed that he used the proceeds to pay for his vacation with Mr. Willis.
CLICK HERE TO GET THE FOX NEWS APP
both Wade and Willis denied it. They were in a romantic relationship before he was hired. During a two-day evidentiary hearing in February, the two each testified that they split the cost of their joint trip. Mr Willis told the court that he had repaid Mr Wade some of his travel expenses in cash.
Trump’s trial date has not yet been set.
