According to a filing made Monday afternoon, Fulton County District Attorney Fani Willis asked an appeals court not to hear former President Donald Trump's appeal of his trial judge's decision not to eject her from the case.
In a court filing, Willis said that there is no need for further review since Superior Court Judge Scott McAfee did not remove her from the case. She is currently charging Trump and 13 other co-defendants in a large Georgia crime case that alleges they planned to overturn the 2020 election.
The prosecutor said that the trial court had already held an evidence hearing that "spanned several days" and failed to find "any actual conflict of interest," so the charge was not thrown out.
When it became clear that Willis and Wade were dating, McAfee told them they had to step down or the prosecution would go forward under the direction of the Fulton County District Attorney's Office. This is what lawyers from Willis's office wrote in response to the judge's order.
McAfee let Trump's lawyers take the case to the Georgia Court of Appeals last month. The lawyers for the former president told the appeals court that the evidence presented at the previous trial court hearing showed that Willis and Wade's relationship did create a "appearance of impropriety in this case that cast a pall over these entire proceedings" and that the decision to let Willis continue "is plain legal error requiring retreat."
The appeals court had 45 days to decide whether to accept Trump's case after he filed it on March 29. In order to appeal, defendants must show the court that the order that "appears to be dispositive of the case" was made wrongly and could lead to "substantial error at trial or affect the rights of the appealing party."
If the appeals court overturns the decision not to fire Willis, it could help Trump reach his goal of delaying the trials in his four criminal cases until after the 2024 election, which is when he wants to be re-elected for another four years.
Yesterday, at the same time that Willis filed, Trump and his 13 other co-defendants asked to appeal McAfee's decision not to drop the case on First Amendment grounds. This is another way that Trump could delay his trial if the effort to remove the lead prosecutor fails.
President Trump and the other wrongfully accused people have filed a move asking the Court to review right away the order that denied their pre-trial First Amendment claims. This was said by Steve Sadow, one of Trump's lawyers in Georgia.
Late last week, McAfee wrote that the defense had not shown "authority that the alleged speech and conduct is protected political speech."
As needed at this pre-trial stage, the judge wrote in his decision last week, "After interpreting the indictment's language liberally in favor of the State, the Court finds that the Defendants' expressions and speech are alleged to have been made in furtherance of criminal activity and constitute false statements knowingly and willfully made in matters within the jurisdiction of a government agency that threaten to deceive and harm the government."
In the first place, McAfee will have to let the suspects review his decision not to drop the charges based on the First Amendment.
In a court filing, Willis said that there is no need for further review since Superior Court Judge Scott McAfee did not remove her from the case. She is currently charging Trump and 13 other co-defendants in a large Georgia crime case that alleges they planned to overturn the 2020 election.
The prosecutor said that the trial court had already held an evidence hearing that "spanned several days" and failed to find "any actual conflict of interest," so the charge was not thrown out.
When it became clear that Willis and Wade were dating, McAfee told them they had to step down or the prosecution would go forward under the direction of the Fulton County District Attorney's Office. This is what lawyers from Willis's office wrote in response to the judge's order.
McAfee let Trump's lawyers take the case to the Georgia Court of Appeals last month. The lawyers for the former president told the appeals court that the evidence presented at the previous trial court hearing showed that Willis and Wade's relationship did create a "appearance of impropriety in this case that cast a pall over these entire proceedings" and that the decision to let Willis continue "is plain legal error requiring retreat."
The appeals court had 45 days to decide whether to accept Trump's case after he filed it on March 29. In order to appeal, defendants must show the court that the order that "appears to be dispositive of the case" was made wrongly and could lead to "substantial error at trial or affect the rights of the appealing party."
If the appeals court overturns the decision not to fire Willis, it could help Trump reach his goal of delaying the trials in his four criminal cases until after the 2024 election, which is when he wants to be re-elected for another four years.
Yesterday, at the same time that Willis filed, Trump and his 13 other co-defendants asked to appeal McAfee's decision not to drop the case on First Amendment grounds. This is another way that Trump could delay his trial if the effort to remove the lead prosecutor fails.
President Trump and the other wrongfully accused people have filed a move asking the Court to review right away the order that denied their pre-trial First Amendment claims. This was said by Steve Sadow, one of Trump's lawyers in Georgia.
Late last week, McAfee wrote that the defense had not shown "authority that the alleged speech and conduct is protected political speech."
As needed at this pre-trial stage, the judge wrote in his decision last week, "After interpreting the indictment's language liberally in favor of the State, the Court finds that the Defendants' expressions and speech are alleged to have been made in furtherance of criminal activity and constitute false statements knowingly and willfully made in matters within the jurisdiction of a government agency that threaten to deceive and harm the government."
In the first place, McAfee will have to let the suspects review his decision not to drop the charges based on the First Amendment.
