Former President Donald Trump on Thursday urged the Georgia Court of Appeals to reject Fulton County DA Fani Willis’ effort to dismiss his appeal of the judge’s decision not to disqualify her from Trump’s election interference case in the state.
Calling Wills’ effort a “desperate bid to avoid disqualification,” Trump’s attorneys urged the appeals court to allow the issue to move forward.
The filing comes in response to Willis’ motion last week that asked the Court of Appeals to dismiss Trump’s appeal of a lower court’s decision to allow Willis to remain on the case.
Trump and 18 others pleaded not guilty last August to all charges in a sweeping racketeering indictment for alleged efforts to overturn the results of the 2020 presidential election in the state of Georgia. Four defendants subsequently took plea deals in exchange for agreeing to testify against other defendants.
Willis was allowed to stay on the case after Judge Scott McAfee declined to outright disqualify her despite finding there was a “significant appearance of impropriety” stemming from a romantic relationship between Willis and a top prosecutor on her team.
The election interference case has essentially been halted as Trump’s appeal of the disqualification ruling makes its way through the courts.
In his filing Thursday, Trump attorney Steve Sadow criticized Willis’ efforts to have Trump’s appeal dismissed, saying, “Simply stated, the State’s motion is a calculated, disingenuous attempt to mislead this Court for the obvious purpose of preventing interlocutory appellate review of the District Attorney’s misconduct.”
The Court of Appeals has already agreed to hear Trump’s appeal of the disqualification decision, and earlier this month it paused the election case pending the outcome — a move that experts said is likely to delay the election interference case until after the election.
Former President Donald Trump leaves the stage a the conclusion of a campaign rally at the Forum River Center in Rome, GA, March 09, 2024.
Chip Somodevilla/Getty Images
Willis’ office last week sought to have the appeals court dismiss the appeal by claiming there was “lack of sufficient evidence” to support a reversal of the lower court’s ruling, in which Judge McAfee made a factual finding after multiple public hearings that Willis had no actual conflict of interest in the case resulting from her relationship with prosecutor Nathan Wade.
The DA’s filing argued that only in “very rare circumstances” can appeals courts “disturb” a lower court’s factual finding unless the filing is “flatly incorrect.”
“The trial court’s careful and extensive evaluation of the resulting record, and its utter dismissal of the central evidence proffered by the Appellants, forecloses any possibility of reversal,” the filing from the DA’s office stated.
Trump’s attorney pushed back on the DA’s request by saying the DA’s office has “no proper procedural vehicle to relitigate this Court’s sound decision to hear the merits” of the appeal.
“Of course, as this Court well knows, that has never been, and is not now, the law,” Sadow wrote in his filing.
Sadow also said that most of the issues in Trump’s appeal involve legal issues, including what he called McAfee’s “misinterpretation of misapplication” of the legal standard for disqualification — not issues about the factual findings, as the DA’s motion states.
“The focus of these appeals will be the legal errors that the trial court committed below, errors that this Court has plenary authority to review and decide,” Sadow said.
Former President Donald Trump is once again making headlines as he urges a Georgia court to reject Fulton County District Attorney Fani Willis’ attempt to dismiss his disqualification appeal. This latest development comes as Trump continues to fight legal battles stemming from his efforts to overturn the results of the 2020 presidential election.
The disqualification appeal in question centers around Willis’ attempt to prevent Trump from representing himself in a lawsuit filed by her office. The lawsuit, which accuses Trump of attempting to pressure Georgia officials to overturn the election results in his favor, has been a source of contention between the former president and Willis.
Trump’s legal team argues that Willis’ attempt to disqualify him from representing himself in the case is unjust and politically motivated. They claim that Trump has a right to defend himself in court and that Willis is attempting to silence him.
In response, Willis has argued that Trump’s involvement in the case would be a conflict of interest, as he is a potential witness in the investigation. She has also raised concerns about Trump’s history of making false statements and spreading misinformation, which she believes could undermine the integrity of the legal proceedings.
The outcome of this latest legal battle could have significant implications for Trump and his ongoing legal challenges. If the court rejects Willis’ attempt to dismiss the disqualification appeal, Trump will be able to continue representing himself in the case. However, if the court rules in favor of Willis, Trump may be forced to seek alternative legal representation.
Regardless of the outcome, this latest development underscores the ongoing legal challenges facing Trump as he continues to fight against allegations of election fraud and misconduct. The case also highlights the broader implications of political interference in the legal system and the importance of upholding the rule of law.
As the legal proceedings continue to unfold, it remains to be seen how this latest dispute will impact Trump’s future legal battles and his broader political ambitions. One thing is clear: the fight between Trump and Willis is far from over, and the outcome of this latest legal battle could have far-reaching consequences for both parties involved.
