Former President Donald Trump and his co-defendants in Georgia are once again attempting to get Fulton County District Attorney Fani Willis thrown off the ex-president's election subversion case.
Judge Scott McAfee allowed Willis to stay on the case earlier this month after former Trump staffer and co-defendant Michael Roman accused her of having an affair with special prosecutor Nathan Wade. The case moved forward with Willis following Wade's resignation.
In a new court filing on Friday, Trump's attorneys appealed the decision, arguing that "the trial court erred as a matter of law by not requiring dismissal and DA Willis' disqualification."
The Context:
Trump and several of his associates were charged by Willis' office last year with multiple felonies for an alleged plot to overturn President Joe Biden's 2020 election win in Georgia.
The former president pleaded not guilty to all charges, claiming that all of his legal troubles are part of a political "witch hunt" and "election interference" as he seeks a return to the White House in this year's presidential election.
Trump and his allies later accused Willis of misconduct over her relationship with Wade, while a multitude of legal experts from across the political spectrum argued that the development had tainted the proceedings.
McAfee's ruling prompted a furious response from supporters of the former president and some of his co-defendants, with Trump's legal team indicating that they would appeal the decision.
What We Know:
An application for an interlocutory appeal was filed on Friday by lawyers for Trump and others charged by Willis' office, arguing that "DA Willis and her entire office should have been disqualified from prosecuting this case" and all charges should be dismissed.
"Dismissal is the truly appropriate remedy because the disqualification of DA Willis and her office cannot fully undo the damage caused to Defendants and their due process rights," the application states. "But her disqualification is the minimum that must be done to remove the stain of her legally improper and plainly unethical conduct from the remainder of the case."
It concluded: "For the within and foregoing reasons, this Court should grant Defendants' Application and accept the interlocutory appeal."
Newsweek reached out to Willis' office for comment via email on Friday.
Views:
While legal experts have been highly critical of the conduct of Willis and the resulting impact on the Trump case, many have also been skeptical about the former president's chances of succeeding with an appeal of the decision to allow her on the case.
Georgia State University law professor Anthony Michael Kreis wrote earlier this month on X, formerly Twitter, that Trump's chances of being allowed to appeal Willis' continued involvement had dropped from a near certainty to only "50/50."
Joyce Vance, a former U.S. attorney for the Northern District of Alabama under the Barack Obama administration and current MSNBC legal analyst, wrote in her Substack blog that granting the appeal would be "unusual," while also pointing out that the issue of alleged misconduct by Willis could be used as the basis of an appeal should the former president or his co-defendants be convicted of any crimes.
Trump lawyer Steve Sadow previously told Newsweek that the former president's team believes "the Court did not afford appropriate significance to the prosecutorial misconduct of Willis and Wade, including...testifying untruthfully about when their personal relationship began," and vowed to "use all legal options" to "end this case."
What's Next?
Trump's legal team only filed an application for an appeal. For an appeal to move forward, the Georgia Court of Appeals will have to agree to take up the case. Willis' office also has 10 days to respond to the application, which they may oppose.
No trial date has been set in the Georgia criminal case, one of four that the former president is facing as he heads towards a likely November rematch with Biden.
Update 3/29/24, 5:06 p.m. ET: This article has been updated with additional information.
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About the writer
Aila Slisco is a Newsweek night reporter based in New York. Her focus is on reporting national politics, where she ... Read more
