Court will hear Trump appeal to disqualify Fani Willis in Georgia election case

Doug Cunningham
·3 min read
UPI
The Georgia Court of Appeals said Wednesday it will hear defendant Donald Trump's appeal seeking to disqualify District Attorney Fani Willis from the Georgia election racketeering case against him. A lower court judge earlier ruled that Georgia law did not disqualify Willis from the case. Pool file photo by Alex Slitz/EPA-EFE

May 8 (UPI) -- Georgia's Court of Appeals Wednesday said it will hear defendant Donald Trump's appeal of a lower court ruling leaving District Attorney Fani Willis in charge of the election interference racketeering trial against Trump and alleged co-conspirators.

Steve Sadow, one of Trump's lawyers, said in a statement that Trump looks forward to trying to disqualify Willis before the appeals court "for her misconduct in this unjustified, unwarranted political persecution."

Judge Scott McAfee decided in March the defense failed to prove that Willis financially benefitted from her relationship with special prosecutor Nathan Wade but the "appearance of impropriety" meant one of them would be forced to leave the case.

"It is the [judge's] opinion that Georgia law does not permit the finding of an actual conflict for simply making bad choices -- even repeatedly," McAfee wrote.

Wade resigned following the ruling, allowing Willis to remain on the case but McAfee granted a certificate of immediate review that created the opening for Trump and co-defendants to take the issue to the appeals court.

The appeals court's decision to take the case rather than letting McAfee's ruling stand will delay the case.

"There's no way this case gets to trial this year," Atlanta defense attorney Andrew Fleischman told the Atlanta Journal-Constitution. "I would expect the appeals court to issue its opinion some time next year."

The Georgia case alleges Trump and co-conspirators committed felony racketeering in an effort to overturn the 2020 Georgia election results. Other felonies, including violations of Georgia election law were also alleged.

A grand jury indicted Trump and 18 allies and associates alleging criminal racketeering and other felonies in a scheme to illegally overturn the will of Georgia voters.

Willis used the Racketeering Influenced and Corrupt Organizations or RICO law, a tool usually used against organized crime, to bring the case.

Four of Trump's co-defendants have pleaded guilty to their roles in the case.

Trump co-defendant Scott Hall pleaded guilty in the case in September and agreed to testify against the other defendants. He was the first to plead guilty.

Three other Trump co-defendants also pleaded guilty later. They include former Trump attorney Jenna Ellis, fellow former Trump lawyer Sidney Powell and Kenneth Chesbro, an attorney instrumental in creating Trump fake electors in several 2020 battleground states.

An Arizona grand jury indicted 18 Trump allies in April, including Rudy Giuliani and former White House Chief of Staff Mark Meadows in that Trump fake elector plot.

Indictments for the fake elector scheme have also been filed in Michigan, Georgia and Nevada.

As Trump continues seeking legal delays, no trial date has yet been set in the Georgia election racketeering case.

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