The Georgia Court of Appeals has scheduled an October 4 hearing to address former President Donald Trump's attempt to disqualify Fulton County District Attorney Fani Willis from prosecuting the high-profile election interference case. This development significantly reduces the likelihood of Trump standing trial in Georgia before the 2024 Election Day.
The case, which has garnered national attention, revolves around Trump's alleged efforts to overturn the 2020 presidential election results in Georgia. The appeals court's decision to schedule oral arguments for October means that any potential trial will be delayed, especially given the complexities of the legal processes involved. The timeline also intersects with a pending Supreme Court ruling on presidential immunity, which could further impact the prosecution's trajectory.
According to a notice obtained by CNN, defense attorneys have been informed of the tentative hearing date. Briefs from defense attorneys are due within 20 days. The panel of judges assigned to the case includes Todd Markle, Trenton Brown, and Benjamin Land. Whether the court will ultimately hold oral arguments or decide the matter based on written briefs remains uncertain. A request for oral arguments must be made by a party involved in the case, and the court will then determine whether to grant that request.
While the disqualification motion proceeds in the appellate court, the lower court case against Trump and his co-defendants continues without a set trial date. A spokesperson for the district attorney's office declined to comment on the ongoing proceedings. The Atlanta Journal-Constitution was the first to report the tentative hearing date.
Trump's legal team is actively challenging Willis's role in the case. Steven Sadow, Trump's lawyer, expressed confidence in presenting arguments to disqualify Willis, citing alleged misconduct. "We look forward to presenting arguments before Judges Brown, Markle, and Land on why this case should be dismissed and Fulton County DA Willis should be disqualified," Sadow stated.
The disqualification efforts stem from a controversy involving Willis and Nathan Wade, the special prosecutor she hired for the case. Wade had admitted to a prior romantic relationship with Willis, prompting concerns about a potential conflict of interest. Fulton County Superior Court Judge Scott McAfee previously ruled in March that Willis could remain as the prosecutor, but mandated that either she or Wade step down from the case. Wade subsequently announced his resignation, allowing the prosecution to continue under Willis's leadership.
McAfee's ruling acknowledged that while there was no "actual conflict," the defense had not proven Willis had direct financial benefits from the case. "Claims of an actual conflict must be denied," McAfee wrote. He criticized the district attorney's conduct during the evidentiary hearing but concluded that Georgia law does not permit finding an actual conflict based solely on poor judgment.
Despite the ruling, the defense retains the right to appeal after the trial. The ongoing legal battles underscore the complexities and high stakes involved in this case. Trump and 18 others face state racketeering charges related to their efforts to overturn the 2020 election results. Four co-defendants have already pleaded guilty, while the remaining 15, including Trump, have entered not guilty pleas.
