Former President Donald Trump and several of his co-defendants in the Fulton County, Georgia, election interference case have initiated the process for appealing a judge’s ruling regarding a motion to disqualify District Attorney Fani Willis, who has been under scrutiny for her romantic relationship with one of the prosecutors she hired for the case.
Fulton County Superior Court Judge Scott McAfee, after a hearing intended to explore the allegations of impropriety against Willis and former prosecutor Nathan Wade, decided against disqualifying Willis if she agreed to fire Wade.
Now, the defendants wish to appeal the ruling and have filed a motion asking the judge for permission to appeal the decision.
The motion Monday was filed on behalf of Trump and several co-defendants, including Rudy Giuliani, Mark Meadows, Robert Cheeley, Michael Roman, David Shafer, Harrison Floyd and Cathleen Latham.
Trump and his co-defendants are requesting permission to appeal McAfee’s ruling.
“In its Order, the Court found that District Attorney Willis’ actions had created an appearance of impropriety and an ‘odor of mendacity’ that lingers in this case, as well as the continuing possibility that ‘an outsider could reasonably think that District Attorney Willis is not exercising her independent professional judgment totally free of any compromising influences,’” the motion states. “Despite this, the Court declined to disqualify District Attorney Willis, finding that eliminating only the Special Assistant District Attorney would cure the lingering appearance of impropriety.”
The motion adds that defendants “believe that the relevant case law requires dismissal of the case, or at the very least, the disqualification of the District Attorney and her entire office under the facts that exist here, and the resignation of Mr. Wade is insufficient to cure the appearance of impropriety the Court has determined exists.”
“Given these facts and the current state of case law, the Court of Appeals should speak definitively to this outcome-determinative issue now.”
Shortly after the judge’s ruling, Wade withdrew as special prosecutor in the case. To appeal the ruling, the co-defendants must convince the judge to grant permission.
Trump and his co-defendants must be granted the certificate by Judge Scott McAfee, who oversees the case, in order to appeal his ruling on the disqualification issue up to the Georgia Court of Appeals. If McAfee declines to grant the certificate, they cannot appeal the ruling at this time. If Trump and his co-defendants are granted the certificate, it is left to the Georgia Court of Appeals to determine if they will take it up — which would result in a pause in the case.
At this point, it’s difficult to determine whether the judge will grant the request. Even if he does, will the appeals court rule any differently? Given what we have seen from the politically motivated efforts to prosecute the former president, it doesn’t seem likely that Willis will ever face accountability.
However, while Willis’ career probably won’t be affected, her reputation as district attorney has already taken a serious hit.
