Fani Willis Crashes Into Teflon Don and Democracy Is the Victim | Opinion

The ongoing legal battle between former President Donald Trump and Fulton County District Attorney Fani Willis has taken surprising or unsurprising twists and turns this week, depending upon where you sit.

It all began when Nathan Wade, a former special prosecutor in the case, made a series of mind-bogglingly ill-advised public comments about his romantic relationship with District Attorney Willis. In an ABC interview, Wade referred to workplace romances as "American as apple pie" and regretted that "that private matter became the focal point of this very important prosecution."

If we remember way back in February (it feels, for many of us, like years rather than just weeks), Wade's revelation immediately raised concerns about a potential conflict of interest, as Willis was leading the high-profile investigation into Trump's alleged attempts to interfere with Georgia's 2020 presidential election results.

In March, in response to these concerns, Fulton County Judge Scott McAfee issued a ruling that allowed Willis to remain on the case, but only if Wade stepped down as the special prosecutor. However, this decision did not sit well with Trump and his co-defendants, who promptly filed an appeal against it.

This week, in a very brief order, the Georgia Court of Appeals announced that it would hear oral arguments in Trump's appeal, a significant development in the ongoing legal battle. The appellate court has instructed Trump and his legal team to submit a notice of appeal within the next 10 days, setting the stage for a high-stakes showdown.

The vast majority of the media are viewing the successful filing of the appeal as a strategic move by Trump's legal team, led by attorney Steve Sadow, who argued that Willis should be disqualified from the case due to her alleged misconduct and the unjustified, unwarranted political persecution of their client. They believed that the revelation of the romantic relationship between Wade and Willis was sufficient grounds to remove the district attorney from the investigation.

I don't see it that way.

This is a straight-up brilliant practical move, far more than a complex strategic one. Here's the Trump Math behind it:

We're looking, realistically and practically, at a minimum of four months for both sides to submit their appellate briefs. According to my calendar, that gets us into mid-October, around three weeks before the presidential election. So, the chances of this Georgia case going to trial before the election are pretty much zero.

So, when we look back on a case that is looking, by the day, as if it might never be heard, the decision by the Georgia Court of Appeals to review the lower court's ruling that allowed Willis to continue leading the investigation is both a crucial and pivotal moment in the case.

As New York lawyer William H. Cooper, Esq., explains, "The result of this appeal could significantly impact not only these legal proceedings but also the wider political scene. Should the appellate court decide in favor of Trump, it could cause even more significant delays in the proceedings or possibly result in the case being dismissed entirely. Such an outcome would represent a significant win on so many levels for the former president and his legal team, who have argued that the investigation is driven by political bias."

Even if Judge Scott McAfee's decision to keep Fani Willis in place is eventually upheld by the Georgia Court of Appeals, it could be heading to the Supreme Court of Georgia on appeal. And, of course, an appeal from the Supreme Court of Georgia could be appealed to the U.S. Supreme Court. Again, in practical terms, we are looking at potentially years, not months, until all legal issues are ultimately resolved. As I was typing this, it autocorrected "ultimately" to "untimely," which shows that our computers are not entirely devoid of wisdom nor wit.

What all of this means is that we are on a pretty clear trajectory to Donald J. Trump solidifying his reputation as Teflon Don. It was mere weeks ago—not months—where Trump seemed on the path to Doomsville in Georgia and Florida. This week, on top of the Fani Willis mess, we can also layer on top Judge Aileen Cannon indefinitely postponing Trump's trial on charges of mishandling classified documents in Florida, citing significant complications surrounding the handling of classified evidence in the federal criminal case.

Now that the May 2024 trial date has been canceled in the Florida case, and no new date has been set, we can turn our attention to Trump's ongoing criminal trial in New York and the truly stunning reality that it may be the only one to proceed before the November elections.

Those who believe that this is justice have had a fantastic week, yet those who believe that justice deferred is yet another brick plucked from the foundation that is democracy, have to be dreading the days ahead.

A Pulitzer Prize-nominated writer, Aron Solomon, JD, is the chief strategy officer forAmplify. He has taught entrepreneurship at McGill University and the University of Pennsylvania, and was elected to Fastcase 50, recognizing the top 50 legal innovators in the world. Aron has been featured in Newsweek, Fast Company, Fortune, Forbes, CBS News, CNBC, USA Today, ESPN, Abogados, Today's Esquire, TechCrunch, The Hill, BuzzFeed, Venture Beat, The Independent, Fortune China, Yahoo!,ABA Journal,Law.com,The Boston Globe, and many other leading publications across the globe.

The views expressed in this article are the writer's own.