The Georgia Court of Appeals has tentatively scheduled arguments for October 4th in the attempt by former President Donald Trump and his allies to have Fulton County District Attorney Fani Willis and her office removed from the case concerning the alleged attempt to overturn the results of Georgia’s 2020 presidential election.
The appeals court had announced in May that it will be reviewing a decision made by Fulton County Superior Court Judge Scott McAfee. This decision allowed Willis to proceed with prosecuting the case against Trump. The arguments will be heard by Judges Trenton Brown, Todd Markle, and Benjamin Land.
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In the racketeering case led by Willis’ office, the former president and eight co-defendants sought to disqualify her due to her personal relationship with special prosecutor Nathan Wade. However, McAfee dismissed their request and allowed Willis and her office to proceed with the case after Wade withdrew. Subsequently, Trump and a group of his co-defendants decided to appeal the decision.
The start of any trial will be delayed due to the proceedings before the Georgia Court of Appeals, and a date for its commencement has not yet been determined.
Steve Sadow, Trump’s attorney in the Georgia case, has confirmed that the appeals court has tentatively scheduled oral arguments for October 4th.
In a statement, he expressed his anticipation for presenting arguments before Judges Brown, Markel, and Land. He emphasized the reasons why he believes this case should be dismissed and why Fulton County DA Willis should be disqualified. He pointed out the trial court’s acknowledged misconduct, which he described as having an “odor of mendacity,” and a violation of the Georgia Rules of Professional Conduct.
The ex-president is confronting 10 charges in Georgia, where he and over a dozen of his associates were accused of participating in an illicit scheme to overturn the state’s 2020 election results. While Trump and all 18 of his initial co-defendants pleaded not guilty, four of them eventually agreed to plea deals.
Earlier this year, the proceedings took an unexpected turn when one of the co-defendants, GOP operative Michael Roman, made a claim about an alleged improper romantic relationship between Willis and Wade. Roman also alleged that Willis had financially benefited from this relationship.
Roman alleges that the relationship between Willis and Wade commenced prior to Wade being hired in November 2021 to handle the case related to Trump. Furthermore, Roman has made efforts to have Willis and her office disqualified and the charges against him dismissed. In support of his motion, Trump and seven others have joined Roman, asserting that the prosecution is both invalid and unconstitutional.
Willis and Wade confirmed that they were in a romantic relationship but clarified that it started after Wade joined the investigation and ended in the summer of 2023. They firmly denied any financial gains for Willis resulting from their relationship and emphasized that they shared the expenses for the trips they went on together.
In mid-March, McAfee dismissed the disqualification attempt and strongly criticized Willis’ behavior. The judge acknowledged that he couldn’t definitively establish when the prosecutors’ relationship became romantic, but he stated that there was still a sense of dishonesty. He condemned Willis for making a significant error in judgment.
In a surprising turn of events, the disqualification order being appealed has provided the district attorney’s office with an opportunity for a cross-appeal. This means that they can now appeal another recent ruling without needing McAfee’s approval. Back in March, McAfee dismissed six counts against the former president and five other co-defendants. While the indictment did contain all the essential elements of the crimes, it lacked sufficient detail regarding the nature of their commission. Out of the six counts dismissed, Trump was charged with three.
Trump has made several attempts to dismiss the indictment on various grounds. He has claimed absolute immunity from prosecution and argued that the charges infringe upon his First Amendment rights. However, in April, McAfee denied Trump’s request to dismiss the charges based on free speech, a decision that Trump has also appealed.
