Fulton County District Attorney, Fani Willis, has found herself caught in her own web as she pursues the prosecution of former President Donald Trump. Thankfully, the state Court of Appeals has stepped in to review Willis’ qualifications for the case, putting a stop to her politically motivated agenda. This comes after it was revealed that Willis had an unprofessional romantic relationship with a former colleague, Nathan Wade.
According to reports from the Atlanta Constitution-Journal, legal experts are skeptical about this highly-charged case reaching any conclusion before Election Day. Defense attorney Andrew Fleischman told the Constitution-Journal that “there’s no way this case gets to trial this year,” citing the lengthy appeals process and complex nature of the case which will likely push any potential trial into next year.
The Court of Appeals’ decision was based on Judge Scott McAfee’s “certificate of immediate review” provision, which allows defendants to appeal a ruling if at least one out of three judges agrees. While it is unknown which judge agreed to hear the appeal, McAfee has confirmed his commitment to resolving pretrial motions while awaiting a decision from the appeals court.
Trump’s attorney, Steve Saddow, praised the Appeals Court’s decision and stated that Trump is eager for his chance to argue why this baseless case should be thrown out and Willis disqualified due to her alleged misconduct and political bias against him.
The court also dismissed an appeal by Trump’s co-defendant Harrison Floyd who argued that Willis did not properly obtain jurisdiction from state election officials before proceeding with the case. However, this rejection is unlikely to affect overall delays as Commonwealth Attorney appeals require prompt action following lower court approval.
The internal legal timelines of the appeals court will greatly impact how long these proceedings may last. Before even registering the case, Fulton Superior Court must compile a record from the initial round of disqualification and submit it to the appeals court. This process alone could take weeks or even months.
Once the case is registered and a panel of three judges appointed, they must determine when to hear oral arguments. According to Deputy Court Administrator Christina Cooley Smith, the case must be resolved within two terms of court, which is roughly seven months. Therefore, if the case is docketed before July, a decision would need to be reached by mid-March 2022.
The appeals court’s decision follows a federal judge’s ruling to indefinitely suspend the state case, citing Trump’s ongoing hush money trial in Manhattan as the main reason. The judge in that case has required Trump’s daily presence for proceedings, with any absence potentially resulting in incarceration. This further complicates Willis’ desperate attempts to resolve her Georgia case before the election.
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