Trump, Co-Defendants, Seek Review Of Judge McAfee’s Ruling Not To Disqualify Willis

As just reported, on Monday, former President Donald Trump and seven other defendants in his Georgia racketeering (RICO) case “requested review of Judge McAfee’s decision not to disqualify Fulton County District Attorney Fani Willis.”

Giving Willis the power to decide how the judge’s ruling would be implemented, Judge Scott McAfee ruled Friday that “Willis could stay on the case against Trump if special prosecutor Nathan Wade stepped down.

In his ruling, Judge McAfee used florid language to describe the behavior of Willis and her special prosecutor / lover Nathan Wade, “calling their actions a “tremendous lapse in judgment” and questioning “whether they testified truthfully about their relationship.”

Per the required procedure, the defendants requested that McAfee Monday “grant a certificate of immediate review” which would allow an appeal of his ruling. Among their many allegations of error, the defendants asserted “that the disqualification of Nathan Wade is insufficient to cure the appearance of impropriety the Court has determined exists.” See related article: ‘More Baggage Than Amtrak’: Fani Willis’ Legal Troubles Are Far From Over

As quoted from the pleadings submitted by the defendants, “Whether District Attorney Willis and her Office are permitted to continue representing the State of Georgia in prosecuting the Defendants in this action is of the utmost importance to this case, and ensuring the appellate courts have the opportunity to weigh in on these matters pre-trial is paramount.” The defendants alleged further: “As noted, should such review not occur until after any trial in this case and these decisions were ultimately reversed on appeal, such reversal would likely require the retrial of every convicted defendant without any additional showing of error or prejudice.”

The defendants raised two key points in their request for a certificate of immediate review.  The defense notes that Judge McAfee “found that Willis’ actions created an appearance of impropriety and an ‘odor of mendacity’ that lingers in this case, but it nonetheless refused to dismiss the case or disqualify her.”

Second, Judge McAfee ruled that Georgia case law “lacks controlling precedent for the standard for disqualification of a prosecuting attorney for forensic misconduct.” Since the trial court concluded that no Georgia law definitively guided his decision, the defendants argued that an appeals court should define the law for disqualifying a prosecuting attorney.

D & B Staff

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Episode 26