Legal Delays for Donald Trump: Georgia Appeals Court Entertains Bid to Disqualify Prosecutors
Donald Trump secured another victory in his effort to delay the legal proceedings against him on Wednesday, as a Georgia appeals court agreed to consider his request to disqualify the district attorney prosecuting him for his attempts to overturn the state’s election results.
This decision extends the legal wrangling surrounding a past romantic relationship between Fani Willis, the district attorney for Fulton County, and a former senior deputy, which defense attorneys have used to challenge the case.
The court’s willingness to entertain the appeal before the trial means further postponement, adding to the delays in one of four criminal cases facing the former Republican president as he campaigns to unseat Democratic President Joe Biden in the November election.
Amy Lee Copeland, a former federal prosecutor in Georgia, noted, “The practical impact is that there won’t be a trial in Georgia before the election.”
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This ruling follows a federal judge in Florida, appointed by Trump, indefinitely postponing Trump’s trial on charges related to mishandling classified documents after leaving office.
A federal case connected to Trump’s efforts to undermine the 2020 election has also stalled while the U.S. Supreme Court considers Trump’s argument that former presidents are immune from prosecution for actions taken while in office.
These developments increase the likelihood that Trump’s trial in New York, concerning hush money payments to a porn star before the 2016 election, will be the only case decided by a jury before the election.
Bob Driscoll, a defense lawyer based in Washington with ties to Trump associates, commented, “This shouldn’t be a huge surprise. The cases are all factually complex, legally novel, or both.”
If Trump were to win the presidency, he could potentially direct the Justice Department to drop the two federal cases against him upon taking office in January 2025. However, he lacks that authority over the New York or Georgia cases. Legal experts speculate that state prosecutors are unlikely to pursue these cases while he is president.
An April Reuters/Ipsos poll found that 60% of registered voters deemed it important for Trump’s trials to occur before the election. A similar proportion of voters, including a quarter of Republicans, stated they would not vote for Trump if convicted of a felony.
Regarding the challenge to Willis, Trump and eight of his co-defendants in the Georgia case have petitioned the appeals court to overturn a judge’s ruling allowing Willis to continue leading the prosecution.
Trump, who has pleaded not guilty, has accused prosecutors of politically motivated persecution. His lead lawyer on the Georgia case, Steve Sadow, asserted, “The case should be dismissed, and Fulton County DA Willis should be disqualified for her misconduct in this unjustified, unwarranted political persecution.”
A spokesperson for Willis’ office did not respond immediately to a request for comment.
The appeal must be resolved before the trial can proceed. The timeline remains uncertain, but it’s expected to take several months for legal briefs to be filed and arguments scheduled. The case may be assigned to the court’s April term, necessitating a ruling by November 1, four days before the election.
Trump and his co-defendants moved to disqualify Willis after revealing her romantic involvement with Nathan Wade, an outside attorney she hired for the investigation. The defense argued this posed a conflict of interest.
Trump’s lawyer also contended that Willis insinuated racial motivations among the defendants and their lawyers. Both Willis and Wade are Black.
Willis and Wade acknowledged their relationship but maintained it began after Wade’s hiring. Willis’ office denied misconduct allegations, asserting the relationship had no bearing on the case.
Fulton County Judge Scott McAfee determined the relationship didn’t constitute a conflict but acknowledged it created an appearance of impropriety. McAfee permitted Willis’ office to remain on the case if Wade recused himself, which he agreed to do.
McAfee subsequently allowed Trump and his co-defendants to appeal his ruling prior to trial.
Trump and the 14 co-defendants face charges of racketeering and other offenses related to an alleged scheme to overturn Trump’s narrow loss in Georgia in the 2020 election. Four other co-defendants have pleaded guilty in deals with prosecutors, but a trial date for the remaining defendants is yet to be scheduled.
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