A Georgia judge handed down the sentence on Friday refuses disqualification Fulton County District Attorney Fannie Willis from him election interference case could allow the prosecution of former President Donald Trump and conflict-of-interest defendants to quickly get back on track, but there are potential hurdles.
One potential hurdle was cleared Friday afternoon when Willis accepted his resignation Nathan Wade, the special prosecutor he appointed to lead the case. Fulton County Superior Court Judge Scott McAfee said in his ruling Friday that either Willis and his office or Wade had to drop the case after it resulted in the “unhinged appearance” of a romantic relationship with Wade.
Wade tendered his resignation Friday, saying he resigned in part “to move this case forward as quickly as possible.”
If Willis agreed to recuse himself from the case, the Board of Prosecuting Attorneys Find another prosecutor with the resources to handle the expanding and politically charged case — a process that will likely ensure the case does not go to trial until next year.
Can Trump apply?
While Trump and the defendants in the case do not have an opportunity to challenge McAfee’s decision not to disqualify Willis at this stage of the case, they may “seek confirmation” from McAfee.immediate inspection certificate,” will have essentially the same effect.
Trump’s lawyer, Steve Sadow, suggested in a statement on Friday that he may seek such an investigation.
“With respect to the court’s decision, we believe that the Court did not give due weight to Willis and Wade’s prosecutorial misconduct,” Sadow said. “We will use all legal options available to us as we continue to fight to end this case, which should never have been filed in the first place.”
The judge has shown in the past and recently that he is open to signing such opinions.
In a separate place judgment Earlier this week he denied six of the charges Against Trump and some of the defendants, McAfee said he would “probably grant” such a request if the DA’s office decides it wants to challenge his decision.
But Amy Lee Copeland, a defense attorney and former federal prosecutor in Georgia, said the judge’s failure to include similar language in Friday’s ruling could be a sign that he doesn’t view it the same way.
If the decision is reviewed on appeal, it is unclear whether the case will continue pending trial. Norm Eisen, who worked for the House Democrats during Trump’s first impeachment, said he did not believe the judge’s decision would require a jail term because it “clearly shows that none of the allegations are “substantiated” or “not relevant” in this case. any defendant has the right to be tried or not”.
Copeland said the process could be halted if the state Court of Appeals agrees to hear the immediate review, but added that he doesn’t believe the defendants will clear the necessary hurdles for review.
When will the trial be?
McAfee has not yet set a court date in the case. In November, the DA’s office filed a request August 5, 2024 test. Sadow told the judge at a December hearing that date would be “at most.” effective election interference in the history of the United States of America,” given the likelihood that Trump will be the Republican presidential nominee by then. (It was Trump likely candidate earlier this week.)
Trump’s lawyers have asked for the trial to be scheduled after the election, saying that if he wins, it should take place after the end of his presidency.
Wade told the judge he didn’t think the August trial “in any way interferes with the defendant Trump’s ability to do whatever he needs to do to campaign or run for office,” while acknowledging that it will take at least four months. if it started in August, election day should have passed.
The DA’s office argued that the August date made sense because of three other Trump criminal cases scheduled for early 2024. they are in the air now.
Trump has pleaded not guilty in all four cases, which he claims were part of a partisan “witch hunt.”
Where are Trump’s other courts?
The trial scheduled for March 4 on Trump’s federal election interference case has been postponed indefinitely while the US Supreme Court evaluates Trump’s claim. presidential immunity claims.
Another trial in Florida on federal charges that Trump mishandled and withheld classified documents is still officially scheduled for May 20, but the Trump-appointed judge overseeing the case has said he will hear it. push back that date.
A third case, Manhattan District Attorney Alvin Bragg’s alleging that Trump falsified business records to cover up hush-hush payments to an adult movie star, was scheduled to go to trial on March 25, but that date was postponed. cancel at least until next month.
Judge Juan Merchan agreed do not be late After federal prosecutors in New York belatedly turned over more than 100,000 pages of evidence against the state’s key witness in the case, Michael Cohen.
Eisen said the uncertainty over other trial dates creates an opening for Willis to try to go to trial before August. “They should request a speedy trial,” Eisen said. “They said in advance that they could be ready in 30 days,” he said, adding that “now we’re past the sideshow,” “there’s a need for speed.”