OPINION: This article may contain commentary which reflects the author's opinion.
Former President Donald Trump’s legal team, as well as attorneys for co-defendants in his Georgia election interference case, have filed a request to appeal Judge Scott McAfee’s decision not to disqualify Fulton County District Attorney Fani Willis from the case.
Last week, McAfee rejected a complete dismissal of the case against Trump and the disqualification of Willis. Instead, he insisted that Fulton County special prosecutor Nathan Wade step down from the case. McAfee cautioned that if Wade did not withdraw, Willis would be disqualified from prosecuting Trump. Wade complied and withdrew from the case shortly after the judge’s order, Fox News reported late Monday.
Four co-defendants had alleged that Willis engaged in an “improper” relationship with Wade, whom she had enlisted to assist in prosecuting the case. Both Willis and Wade have refuted these accusations.
On Monday, the motion was submitted on behalf of Trump and multiple co-defendants, including Rudy Giuliani, Mark Meadows, Robert Cheeley, Michael Roman, David Shafer, Harrison Floyd, and Cathleen Latham. Roman’s attorneys initially discovered the romantic relationship between Willis and Wade.
Trump and the others 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 goes on to argue that the 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.”
Steve Sadow, an attorney for the former president, said Monday, per a statement obtained by Fox News: “The motion further notes that the Court found Georgia case law lacks controlling precedent for the standard for disqualification of a prosecuting attorney for forensic misconduct. For these reasons among others, the Court’s Order is ripe for pretrial appellate review.”
Last week before he ruled on Willis’ disqualification, McAfee quashed six counts against Trump and his 18 co-defendants, reports said on Wednesday, writing that there is not sufficient evidence of “solicitation of violation of oath by public officer.”
“The Court’s concern is less that the state has failed to allege sufficient conduct of the Defendants — in fact it has alleged an abundance. However, the lack of detail concerning an essential legal element is, in the undersigned opinion, fatal,” McAfee wrote, according to Fox News.
“As written, these six counts contain all the essential elements of the crimes but fail to allege sufficient detail regarding the nature of their commission, i.e., the underlying felony solicited,” he added.
Meanwhile, a former attorney for the Trump administration has become the latest problem for Willis.
Attorney Courtney Kramer entered the race against Willis just hours before the official paperwork deadline closed on Friday. Kramer, an elections law attorney, is running as a Republican in traditionally deep-blue Fulton County. Pledging to prioritize crime reduction in the region, she has also been vocal in her opposition to Willis and her handling of the Trump prosecution, Newsweek reported.
“As a lawyer myself, it’s disgusting to see her not follow her rules of professional conduct or take her oath of office seriously,” Kramer, who previously interned at the Office of White House Counsel during the Trump administration, told Real America’s Voice on Monday. “It’s a disgrace to the legal community.”
