Judge Scott McAfee ruled last week that Fulton County District Attorney Fani Willis would not be disqualified from former President Donald Trump’s election interference case in Georgia. Instead, he mandated that either Willis or her special prosecutor, Nathan Wade, step down.
Wade chose to resign following the judge’s decision, satisfying McAfee but leaving the defense still seeking Willis’ removal.
In a potential continuation of Willis’ disqualification process, Steve Sadow filed a motion on Monday on behalf of Trump and his co-defendants. The motion requested that McAfee issue a certificate for immediate review of the court’s March 15 order to the Georgia Court of Appeals.
While McAfee did not ultimately disqualify Willis on March 15, he did suggest that when confronted with the details of her affair with Wade, as alleged by the defendants, “a prima facie argument arises of financial enrichment and improper motivations which inevitably and unsurprisingly invites a motion such as this.”
McAfee ultimately found that there was insufficient evidence that Willis “acquired a personal stake in the prosecution, or that her financial arrangements had any impact on the case.”
He did, however, suggest that the lack of a “confirmed financial split [between Willis and Wade] creates the possibility and appearance that the District Attorney benefited — albeit non-materially — from a contract whose award lay solely within her purview and policing.”
McAfee also blasted Willis for her “tremendous lapse in judgment,” the “unprofessional manner of [her] testimony during the evidentiary hearing,” her “bad choices,” and her “legally improper” remarks at an Atlanta-area church in January.
On Monday, Sadow, who is the lead counsel for Trump, emphasized in a joint motion filed with the Fulton County Superior Court that the disqualification ruling holds significant importance for this case and significantly affects the due process rights of the Defendants.
“Additionally, given the lack of guidance from the appellate courts on key issues, and the fact that any errors in the March 15 Order could be structural errors that would necessitate retrial(s), the grant of a certificate of immediate review is both prudent and warranted,” added Sadow.
Sadow highlighted McAfee’s stated sense that Willis’ action “had created an appearance of impropriety and an ‘odor of mendacity’ that lingers in this case, as well as the continuing possibility that ‘an outsider could reasonably think that District Attorney Willis is not exercising her independent professional judgment totally free of any compromising influences.'”
Sadow highlighted McAfee’s assertion that Willis’ racially charged speech on Jan. 14 was “legally improper,” suggesting that Georgia appellate courts might view it as a form of forensic misconduct necessitating the disqualification of the Democrat.
The defense attorney also pointed out that the resignation of Mr. Wade was not sufficient to address the perceived impropriety identified by the Court.
Sadow indicated that based on relevant case law, the case could potentially be dismissed entirely, but at minimum, Willis should be disqualified. Furthermore, Sadow emphasized the importance of seeking input from appellate courts before proceeding with trials, citing potential risks of trial outcomes being compromised and requiring retrials if this step is skipped.
NBC News reported that there is no automatic right to appeal at this stage, and McAfee would need to give permission to do so within 10 days of the March 15 ruling. Additionally, the Georgia appeals court would have to agree to hear the case.
In the event that the defendants are able to appeal and everything falls into place, the trial, which is currently unscheduled, will likely be postponed significantly.
Even without an appeal, it is improbable that the trial will take place before the 2024 election. If Trump is re-elected, he may request a delay in the case until he finishes his term in office.
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