Fulton County District Attorney Fani Willis has filed a motion to dismiss an appeal by former President Trump and his co-defendants seeking her disqualification from a legal case due to allegations of a romantic affair with one of her subordinates.
Fox News reported that Judge Scott McAfee previously ruled that there was insufficient evidence to support claims of conflict of interest, though the appeal will be heard on October 4.
In March, Judge McAfee determined that although special prosecutor Nathan Wade should be removed from the case, there was no sufficient evidence to disqualify DA Willis.
This ruling came amid allegations suggesting Willis had a romantic relationship with Wade, claims both parties have emphatically denied.
The appeal argues that Willis reaped financial benefits from the alleged romantic relationship with Wade. This includes shared travel expenses which Willis states were reimbursed in cash. Judge McAfee noted the reimbursement practice as peculiar but found no concrete proof that expenses weren't evenly shared.
Judge McAfee specifically mentioned that any supposed financial gain from the relationship was not a motivating factor for Willis to indict and prosecute the case. However, the defense maintains that the allegations create an appearance of impropriety that could undermine public confidence in the proceedings.
The appeals court has suspended other litigation involving Trump and co-defendants until the disqualification issue is resolved. The hearing for this appeal has been scheduled for October 4, allowing for an immediate review granted by the Georgia appeals court in March.
Willis' motion to dismiss the appeal emphasizes the standard judicial practice of deferring to trial court findings on factual disputes. "Georgia appellate courts will not disturb a trial court’s factual findings on disputed issues outside of certain, very rare, circumstances," the motion states.
Steve Sadow, lead counsel for Trump, stated Wednesday that the state's motion is a desperate attempt to stop any appellate review of alleged misconduct by DA Willis. He argued the motion "deliberately failed to mention that Judge McAfee's ruling stated an 'odor of mendacity remains' from the hearing testimony by the DA and the State’s witnesses."
McAfee did highlight concerns over the possible public perception of the prosecution being tainted. "Reasonable members of the public could easily be left to wonder whether the financial exchanges have continued resulting in some form of benefit to the District Attorney," he noted in his order.
The resignation of Nathan Wade from the DA's office did not put an end to the controversy, with McAfee's ruling indicating that the mere presence of Wade could compromise the appearance of fair and unbiased judgment by Willis' office.
"An outsider could reasonably think that the District Attorney is not exercising her independent professional judgment totally free of any compromising influences," the order quotes McAfee.
From the outset, McAfee ruled that defendants had the right to seek an immediate review from the Georgia appeals court, which was granted.
This has paused all other litigation involving Trump and his co-defendants until the issue of Willis' disqualification is resolved.
Willis' motion underscores that the factual findings by the trial court, led by McAfee, are not subject to reevaluation by appellate courts unless found to be blatantly incorrect. "Appellate courts will not—indeed, may not—substitute their own appraisal of the factual record for the trial court’s," states the motion.
Despite the defense's arguments, McAfee found that there was no motivation for Willis other than her professional duties in prosecuting the case, although he acknowledged that the appearance of impropriety could not be entirely dismissed as a factor affecting public perception.
As this legal drama unfolds, the focus remains on whether Willis' office can proceed with credible impartiality.
The outcome of the October 4 appeal hearing may have significant implications for the prosecution's progression and the broader public trust in judicial processes in Georgia.
In summary, the current narrative positions the state and defense in a tense standoff regarding whether a motion to dismiss will ultimately halt the review of DA Willis' conduct.
"The State respectfully submits that, with such due deference afforded to the trial court’s factual findings, there exists no basis for reversal of the order at issue," the motion ultimately concludes.
Fulton County DA Fani Willis filed a motion to dismiss an appeal concerning her disqualification from a legal case involving Trump. The appeal stems from alleged improper relationships and financial incentives, all denied by Willis and her colleague. The review hearing is set for October 4, as the defense and prosecution navigate issues of judicial credibility and public perception.
