Appeals Court agrees to consider dismissal of prosecutor in connection with Trump’s election in Georgia

On March 29, Superior Court Judge Scott McAfee issued a “Certificate of Immediate Review,” which allowed the defendants to appeal his decision to the Georgia Court of Appeals before the trial began.

Under Court of Appeal rules, such a pre-trial – or interlocutory – appeal is generally assigned to a selection panel of three judges. And it only takes one of these judges to decide whether the court accepts the appeal. The court’s one-page order does not reveal which judge voted to grant the request.

In his order granting pretrial review, McAfee said he would continue to work on the case, resolving pending motions, while the appeals court takes up the issue of dismissal.

Eight defendants, including Trump, requested permission to appeal days after McAfee mostly denied a motion to disqualify Willis because of her romantic relationship with then-special prosecutor Nathan Wade.

Although McAfee ruled that Willis did not have a real conflict of interest that warranted his dismissal, he said there was an appearance of conflict that required him to make a choice. Willis could either recuse herself and her office from the case or sever ties with Wade, McAfee said. Within hours, Wade had submitted his resignation.

The Fulton district attorney’s office declined to comment.

Trump’s top lawyer in Atlanta, Steve Sadow, applauded the move.

“President Trump looks forward to making interlocutory arguments to the Georgia Court of Appeals to explain why the case should be dismissed and why Fulton County Prosecutor Willis should be disqualified for her misconduct in this unjustified political persecution and unjustified,” Sadow said.

Fleischman said he understood why the appeals court agreed to rule on the disqualification challenge.

“This issue is important,” he said. “You are suing the former president of the United States. This is obviously an area of ​​law that requires clarification. … This is extremely important to the outcome of the case.”

The Fulton case is not the only criminal case against Trump to be delayed.

U.S. District Court Judge Aileen Cannon on Tuesday vacated the May 20 date that had been set for Trump’s classified documents trial in Florida. His decision postponed indefinitely the federal case, brought by Justice Department special counsel Jack Smith, and significantly increased the likelihood that it would not go to trial before Election Day.

Smith’s other case against Trump, which focuses on the Republican’s attempts to cling to power following the 2020 election, has also been put on hold as the U.S. Supreme Court decides whether presidents should be immunized for their actions while in office. The justices are not expected to announce their decision on the matter until the end of June and, based on their comments during oral arguments last month, they could ask a lower court to take further action before Smith can move forward. ‘Before.

A third criminal trial, involving alleged hush money payments, is underway in Manhattan.

On Wednesday, the Court of Appeals rejected the appeal of Harrison Floyd, one of Trump’s co-defendants in the Fulton election interference case.

Floyd argued that the case should be dismissed because the State Board of Elections — not Willis’ office — has sole authority to open and refer criminal investigations regarding elections. Superior Court Judge Scott McAfee rejected that argument in January and again in March.

The exact timetable for when the court will consider the disqualification appeal is unclear.

The Fulton Superior Court must first prepare the case for the first round of the eviction fight and send it to the court of appeals. Only then can the case be placed on the docket and a three-judge panel appointed through the court’s computer system, according to Christina Cooley Smith, assistant administrator for the Court of Appeals.

It’s then up to the justices to decide when they want to hear oral arguments, Smith said, but the case must be decided within two judicial terms. This means that if it is registered before July, it must be heard and decided before mid-March 2025.

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