Former President Trump and several of his co-defendants are asking Fulton County Superior Court Judge Scott McAfee for permission to appeal after he ruled against dismissing the case and disqualifying District Attorney Fani Willis.
McAfee last week denied a complete dismissal of the case against Trump and the disqualification of Willis. Instead, he demanded that Fulton County Special Prosecutor Nathan Wade resign from the case. McAfee warned that without Wade's withdrawal, Willis would be disqualified from prosecuting Trump. Wade retired a few hours after the judge's order.
Four co-defendants had accused Willis of having an “inappropriate” relationship with Wade, whom he hired to help prosecute the case. Willis and Wade have denied the allegations.
FULTON COUNTY PROSECUTOR NATHAN WADE WITHDRAW FROM THE TRUMP CASE, ALLOWING DA FANI WILLIS TO CONTINUE
Fani Willis and Donald Trump (Getty Images)
Monday's motion 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 ask for permission to appeal the McAfee ruling.
“In its Order, the Court determined that District Attorney Willis' actions had created an appearance of impropriety and a 'smell of mendacity' that lingers in this case, as well as the continued possibility that 'a stranger might reasonably think that the 'District Attorney Willis is not exercising independent professional judgment completely free of compromising influence,'” the motion states. “Despite this, the Court declined to disqualify District Attorney Willis, finding that removing only the Special Assistant District Attorney would address the persistent appearance of wrongdoing.”
The motion adds that the defendants “believe that the relevant case law requires the 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 It is insufficient”. to correct the appearance of irregularity that the Court has determined to exist”.
“Given these facts and the current state of the case law, the Court of Appeals should definitively speak on this outcome-determinative issue now.”
Trump attorney Steve Sadow added in a statement: “The motion further notes that the Court determined that Georgia jurisprudence lacks a precedent controlling the standard for disqualifying a prosecutor for forensic misconduct. For these reasons, among Others, the Court's order is ready to be processed before trial. appellate review.”
Judge Scott McAfee, left, Fulton County District Attorney Fani Willis, center, and Special Prosecutor Nathan Wade, right. (Getty Images)
JUDGE RULES THAT FANI WILLIS SHOULD STAY AWAY FROM THE TRUMP CASE OR FIRE SPECIAL PROSECUTOR NATHAN WADE
The filing comes after McAfee last week dropped six charges in the Georgia election interference case against Trump and his 18 co-defendants.
McAfee said in an order Wednesday that the state did not provide sufficient details for six counts of “solicitation of violation of oath by a public official.”
“The Court's concern is not so much that the State has not alleged sufficient conduct by the defendants; in fact, it has alleged abundant conduct. However, the lack of detail on an essential legal element is, in the undersigned opinion, fatal,” McAfee wrote. .
Rudy Giuliani, former personal attorney for former US President Donald Trump, leaves the E. Barrett Prettyman US District Court on December 11, 2023 in Washington, DC. (Drew Angerer/Getty Images)
“As written, these six counts contain all the essential elements of the crimes, but do not provide sufficient detail regarding the nature of their commission, i.e., the requested underlying felony,” the judge continued.
“They do not give defendants enough information to intelligently prepare their defenses, as defendants could have violated the Constitutions and therefore the statute in dozens, if not hundreds, of different ways.”
Georgia state law prohibits any public official from willfully and intentionally violating the terms of his or her oath as prescribed by law. Willis alleged that Trump and six of his co-defendants He illegally attempted to persuade numerous state officials to violate their oaths in an effort to overturn the 2020 presidential election in Georgia.
White House Chief of Staff Mark Meadows speaks to reporters at the White House on Oct. 21, 2020, in Washington. (AP Photo/Alex Brandon, File)
Willis charged Trump with one count of violating the Georgia RICO Act, three counts of criminal solicitation, six counts of criminal conspiracy, one count of filing false documents and two counts of making false statements.
Trump pleaded not guilty to all charges.
Meanwhile, the defendants alleged that Willis benefited financially from hiring Wade in 2021 because they had a pre-existing romantic relationship and took several trips together. Michael Roman, a Republican operative who worked on Trump's 2020 re-election campaign, claimed that Wade's law firm billed taxpayers $650,000 at a rate of $250 an hour since he was hired, and that he used that revenue to pay vacation with Willis.
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Both Wade and Willis had denied They were in a romantic relationship prior to his hiring. During a two-day evidentiary hearing in February, each of them testified that they split the cost of their rideshares. Willis told the court that he reimbursed Wade for his share of the trips in cash.
A date for Trump's trial has not yet been set.
