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By Mae Slater on
 July 18, 2024

Georgia Appeals Court to Hear Arguments on Disqualifying Fani Willis

The Georgia Court of Appeals will hear arguments on December 5 regarding the removal of Fulton County District Attorney Fani Willis from the case against former President Donald Trump and his allies.

CBS News reported that this appeal stems from allegations of misconduct related to Willis' prior relationship with special prosecutor Nathan Wade and the constitutional challenges raised by Trump regarding his indictment.

In May, the appeals court agreed to review a decision by Fulton County Superior Court Judge Scott McAfee, who allowed Willis to continue prosecuting the case.

The upcoming arguments will be presented before Judges Trenton Brown, Todd Markle, and Benjamin Land.

Judges to Review Decision Allowing Willis to Continue

The initial oral argument was requested by Trump and his co-defendants and was set for October 4. However, the proceedings were delayed to December 5 to give the appeals court more time to review the case.

The controversy surrounding Willis stems from her personal relationship with special prosecutor Nathan Wade.

Trump and his co-defendants sought to disqualify Willis, leading to an appeal after Judge McAfee allowed her to continue on the condition that Wade withdrew from the case.

Nathan Wade withdrew from the case, prompting the Georgia Appeals Court to pause proceedings in June while reviewing McAfee's ruling.

The court’s decision to pause proceedings means that the case remains on hold until the new year, with a mandatory ruling deadline set for March 14, 2025.

Trump faces ten charges in Georgia related to an alleged scheme to overturn the 2020 election results. Initially, all 18 co-defendants pleaded not guilty, but four have since accepted plea deals.

Allegations of Improper Relationship Surface

One of Trump’s co-defendants, Michael Roman, claimed that Willis and Wade had an improper romantic relationship that began before Wade’s hiring in November 2021. Willis and Wade admitted to the relationship but stated that it started after Wade was hired and ended in the summer of 2023. They also denied any financial benefit from their relationship.

Judge McAfee, in his mid-March ruling, rejected the effort to disqualify Willis, although he criticized her for a “tremendous lapse in judgment.” He remarked that "an odor of mendacity remains" regarding Willis' conduct.

In addition to seeking Willis’ disqualification, Trump also attempted to dismiss the indictment on multiple grounds, including First Amendment violations. However, Judge McAfee denied this attempt in April.

The ruling from the Supreme Court in a similar federal case involving Trump might affect the Georgia case. The federal court deemed former presidents immune from prosecution for official acts, influencing how Trump’s actions will be evaluated in the Georgia indictment.

The outcome of the December 5 arguments will have significant implications for the case against Trump and his co-defendants. The appeals court’s decision could either uphold or overturn Judge McAfee’s ruling, thereby impacting the prosecution's future.

If the court decides to disqualify Willis, it could lead to further delays and complications in an already complex case. Conversely, if the court upholds McAfee’s decision, Willis will continue to lead the prosecution against Trump and his allies.

As the legal battle continues, all eyes will be on the Georgia Court of Appeals in December. The court’s ruling will not only affect the prosecution of Trump but also set a precedent for how similar cases are handled in the future.

Conclusion

The Georgia Court of Appeals is set to hear arguments on December 5 regarding the disqualification of Fulton County District Attorney Fani Willis from the case against former President Donald Trump.

The case involves allegations of misconduct related to Willis' relationship with special prosecutor Nathan Wade and constitutional challenges raised by Trump. The court's decision, expected by March 2025, will significantly impact the ongoing legal proceedings against Trump and his co-defendants.

Written By:
Mae Slater

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