Georgia Court of Appeals Pauses Trump Case During Appeal of DA Fani Willis Ruling
So none of the pending cases against Trump will happen before the 2024 election.
The Georgia Court of Appeals paused the Georgia case against former President Donald Trump and his co-defendants during the appeal of the ruling that has kept Fulton County DA Fani Willis on the case.
The court docketed the case for October 4, 2024…a month before the election.
Trump and his defendants face charges of trying to overturn the 2020 election in Georgia.
Defendant Michael Roman claimed that Willis had a conflict of interest since she had a romantic relationship with then-Special Prosecutor Nathan Wade. He accused Willis of financially benefitting from the relationship:
Roman claimed the relationship began before Wade was hired in November 2021 to work on the case involving Trump, and he sought to have Willis and her office disqualified and the charges dismissed. Trump and seven others joined Roman’s motion claiming the prosecution was invalid and unconstitutional.
Willis and Wade admitted they were romantically involved, but said their relationship began after Wade was brought on to the investigation and ended in the summer of 2023. They both also denied that Willis financially benefited from the relationship and said they split the costs associated with trips they took together.
If Wade resigned, Fulton County Judge Scott McAfee allowed Willis to stay on the case.
Wade resigned hours after McAfee made his ruling.
Trump filed an appeal to remove Willis from the case.
In May, the Georgia Court of Appeals announced it would consider Trump’s appeal.
The appellate court just suspended the Georgia case against Trump until after it considers his disqualification appeal on Oct. 4th. That means that none of the pending cases will likely result in a trial before the election…
— Jonathan Turley (@JonathanTurley) June 5, 2024
…We have to see what the Court rules (and what Special Counsel Jack Smith may be willing to accept) to determine if that trial is even possible in the remaining time. Most cases at this date would not see a trial before November, but the Judge Chutkan has been pushing hard for…
— Jonathan Turley (@JonathanTurley) June 5, 2024
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Comments
Assuming a fair prosectuor (stop laughing), is there anything Fani can be charged with? Her activities look kinda criminal where I’m sitting.
*prosecutor
I would charge with a RICO scheme, whereby she took money for a prosecution and laundered it to her boyfriend, so he could spend lavishly on her
She exhibited bias in selecting the prosecutor for the case with the knowledge that the money sent to him (with sloppy controls on accounting) would return in the form of vacations and travel, and possibly untraceable cash. She received a substantial tangible personal benefit for her professional decisions, i.e. kickbacks. She should be disciplined by the bar, removed from her position, and prosecuted. (but will suffer none of those three)
Don’t get too excited. It’s Fulton County. While I guess it’s possible the that the facts that emerge from this public hearing could be so bad it will prompt the legislature to act AND the state AG to open a criminal investigation, I wouldn’t hold my breath. Fulton County is one of the most corrupt, incompetent counties in America, much like Baltimore County, MD & Wayne County in MI. But, very much unlike Baltimore & Wayne counties – which have seen a number of high-profile prosecutions of politicians the last 20-years – there has largely been zero accountability for the innumerable bureaucratic/political criminals for Fulton County.
Exactly…and not to mention horrendous, filthy and even deadly Fulton County jail conditions..
I know a guy…
@ivanraiklin
https://x.com/SpartaJustice/status/1797769564488413218
His list seems woefully short of media co-conspirators.
Why hasn’t Trump’s attorneys filed to have Jack Smith removed because his appointment was illegal?
They have. In fact, in the last couple days, the hearing on that motion (and a couple others IIRC) was just scheduled. Gene Schaerr – a very well known and sought after appellate lawyer and former US Attorneys General Michael Mukasey and Ed Meese are all participating in that hearing on behalf of Trump, apparently.
Welp, time to fear what Plan B is for the Chicago/Obama Democrats
An obvious case of raaaacism./s
Like most of their abuses, democrats went too far with their lawfare. The Fani and Bragg matters are ripe for exposing the hand of the corrupt reptile’s administration in this weaponization of the law, if there is a republican Congress next term.
Jonathan Turley says: “That means that none of the pending cases will likely result in a trial before the election.” Talk about pressure on the corrupt and incompetent “Judge” Merchan. If he doesn’t throw Trump in jail, Trump will be able to campaign! Oh! The humanity!
Fanny willis has her wig on backwards again, and needs to take a pause for the cause.
The gravity of impact on Trump must not be lost. Look at the mug shots and lost time for the BS these people have been pushing. Trump is another money grift for them, like their NGOs, climate change, woke policies, plandemics, blm,..etc..
In a sane society the presiding judge should have lost his job for such a gutless, ridiculous ruling. “Oh yes, despite there being an obvious conflict, I find there is at least the appearance of one, and this can be remedied retroactively by one of you stupid, affirmative action liars withdrawing from the case with no other penalty to pay.”
I am expecting gunfire in November.
This will not go quietly into the night.
Sorry Mark, a fat finger mistake, I also abhor those same NGOs, non- profits etc.
Wish that redo’s were possible when voting on comments
Having a bad day, this was meant for Mark( obviously) not Scooterjay
Eeeee, that will make Democrats very fornicating angry! The plan was to do them ALL before the election. (No I don’t buy the story that the timing of these cases was all just a big coinky-dinky.)
If the next AG wants to charge a bunch of prosecutors and others with a conspiracy charge, treating all of these prosecutions as the election interference they are, would they be able to venue-shop and charge in any jurisdiction where one of the underlying crimes took place, or would they have to charge it in D.C.?
Presume that would go to Federal court in the state in which the crime took place, much like the documents case wound up in Florida (despite the DOJ wanting oh so very much to have it in DC where they could rig it like a sailboat.)
I think the American people (those with an above room-temperature IQ) have just about had it with the humongous amount of fertilizer being poured out of their TV screens 24/7: a strenuous effort by the media (and who else?) to influence the 2024 elections.
Remember that prosecutors have absolute immunity for anything they do in their capacity as prosecutors. Nifong only got in trouble because he fabricated evidence, which is not part of a prosecutor’s job description; but they couldn’t get him for knowingly bringing a false case, because bringing cases is part of his job.
Funneling cash through her boyfriend doesn’t seem like part of her job.
Correct. While prosecutorial immunity is virtually impossible to pierce, if there were ever a case that could pierce it, it’s this one. A compelling argument can be made that she brought the case forward to enrich both her boyfriend and herself.
Yes, but what did she actually do? All she did was hire him, and that is part of her job. Even if you could prove beyond reasonable doubt that her motive was to enrich the two of them, I don’t think that would pierce the immunity. Otherwise you could say that every malicious prosecution loses immunity because persecuting your enemies is not part of a prosecutor’s job. And we know that isn’t the case.
It has to be an act outside the scope of her role, like Nifong personally fabricating evidence, rather than merely presenting to the jury evidence he knew to be fabricated, which would not have pierced his immunity.
Or like that woman in Baltimore personally investigating the case, which was not her job — and if I recall correctly the court surprisingly found that wasn’t enough, and dismissed the suit.
Are you talking about this case from WV? Because the judge got slammed, “retired,” and is still the subject of a pretty slam-dunk deprivation of constitutional rights case.
That is absolute civil immunity, but nothing protects them against criminal liability.
Doesn’t that depend on how the Supreme Court rules on Trump’s immunity claim? How can it find that Trump has official immunity from prosecution but Willis doesn’t?
The only prosecutions that will have been concluded before the election are those shinkansen* that were not derailed.
*First use of a newly-coined term for the railroading of a defendant at high speed to meet a critical deadline, to serve some end other than justice.
Remember you read it here first!
Has anyone at Legal Insurrection looked into the appeal of Harrison Floyd?
Judge McAfee turned down his motion but gave him permission to appeal it which he has done. His argument is that Fani Willis usurped the authority of the State Election Board and therefore she had no jurisdiction to arrest anyone regarding the 2020 election.
I’ve heard and read that if he wins his appeal that not only would all the cases be immediately dismissed since Willis could not have brought them in the first place but she could lose her immunity from lawsuits because she would have illegally arrested and prosecuted the defendants. She could be sued for false arrest and malicious prosecution.