Trump Wins Right of Appeal to Try to Disqualify Georgia Prosecutor
ATLANTA — Former President Donald Trump is getting another chance to exclude a prosecutor he accused of political reprisal in his upcoming criminal trial in Atlanta on charges of illegally trying to overturn the 2020 presidential election vote count in Georgia.
Trump asked the judge overseeing the case to remove Fulton County District Attorney Fani Willis from the prosecution.
His attorneys argued she demonstrated misconduct by having an affair with a fellow prosecutor whom she had hired.
The judge acknowledged a lapse in judgment by Willis but ruled last week that she could remain on the case.
On Wednesday, Superior Court Judge Scott McAfee granted a request by Trump’s attorneys for permission to appeal his ruling to the Georgia Court of Appeals.
The defense attorneys argued that any potential convictions against Trump and the other 14 defendants could be forced into a retrial if an appeals court later determined Willis should have been removed from the case because of her romantic relationship with co-counsel Nathan Wade.
The judge said Willis could remain on the case if Wade resigned, which he did last Friday.
The judge’s “certificate of immediate review” gives the state Court of Appeals 45 days to decide whether to hear Trump’s appeal. His attorneys have 10 days to file the appeal.
McAfee said he would continue addressing any pretrial motions unless he received different directions from the Court of Appeals. Trump’s criminal trial in Georgia — which is one of four he faces — is scheduled to begin Aug. 5.
Trump attorney Steven Sadow said in a statement the defense team is “optimistic that appellate review will lead to the case being dismissed and the DA being disqualified.”
Trump’s attorneys have filed numerous motions attempting to delay criminal and civil cases pending against the former president in an apparent attempt to push the trial dates past the Nov. 5 election.
The 41-count Georgia indictment says Trump phoned Georgia Secretary of State Brad Raffensperger on Jan. 2, 2021, asking him to “find 11,780 votes” for him to win the state’s election. Joe Biden won the presidential vote in Georgia by a narrow margin.
The indictment also accuses Trump of asking then-Georgia House Speaker David Ralston to call a special session of the Legislature to appoint presidential electors likely to be favorable to Trump.
Appointment by the state Legislature of electors for the Electoral College vote is illegal under federal and state law. They are selected by each state’s voters.
Trump has pleaded not guilty to the 10 racketeering and conspiracy charges he faces. He accused Willis of conducting a political witch hunt.
Normal court procedures would require much longer for an appellate review but the judge issued the certificate of immediate review because questions about disqualification of the prosecutor “is of such importance to the case that immediate review should be had,” he wrote in his order.
Trump is the presumptive Republican candidate for president based on his recent state primary victories.
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