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Fani Willis appeal to be heard by Georgia Court of Appeals in October

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Published  June 3, 2024 4:08pm EDT
Fani Willis
FOX 5 Atlanta
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FULTON COUNTY, Ga. - It appears that the Georgia Court of Appeals will hear the appeal related to the motion to disqualify Fulton County District Attorney Fani Willis as prosecutor in the Georgia election interference case in October.

A docket notice was posted online on June 3. It had been previously reported that the Court of Appeals was expected to hear the case during the court's August 2024 term, which officially ends on Nov. 18, 2024, but an exact date was not known. It now appears that the appeal will be heard Oct. 4. 

"President Trump’s interlocutory appeal was docketed today in the Georgia Court of Appeals, and oral argument is tentatively scheduled for October 4, 2024. We look forward to presenting argument before Judges Brown, Markle, and Land on why this case should be dismissed and Fulton County DA Willis should be disqualified for the trial court’s acknowledged 'odor of mendacity' misconduct in violation of the Georgia Rules of Professional Conduct," said Steve Sadow, lead defense counsel for former President Trump in the Georgia case. 

Judges Benjamin Lane, Todd Markle and Trenton Brown will hear the case. 

The trouble began with a motion filed in early January of this year by one of former President Trump's co-defendants and former White House staff member Michael Roman. The motion sought to have DA Willis disqualified from prosecuting the case against Trump and his co-defendants due to an "improper" relationship with then-Special Prosecutor Nathan Wade. The motion also claimed that Willis financially benefited from the investigation and the relationship.

Timeline: Fulton County DA Fani Willis, Nathan Wade controversy

On March 15, Judge Scott McAfee ruled that Trump and several of his co-defendants "failed to meet their burden" of proving that the romantic relationship between Willis and Wade was a "conflict of interest" or that Willis benefited from it. However, McAfee noted a "significant appearance of impropriety" and ruled that either Willis or Wade would need to step aside for the case to continue in Fulton County. A few hours later, Wade tendered his resignation.

Shortly after, Trump and his co-defendants filed an application for interlocutory appeal after receiving permission from Judge McAfee to do so. The Georgia Court of Appeals agreed to do so on May 8, and a Notice of Appeal was filed on May 10.

The Court of Appeals will not hear new evidence but will review the previously presented evidence to determine whether McAfee made the correct decision in allowing Willis to remain on the case. Subsequently, the losing party will have the option to appeal the decision to the state Supreme Court, further delaying the election interference case from going to trial.

In the meantime, pre-trial proceedings for the Georgia election interference case can continue, but the case will not go to trial before the appeal is resolved.

The deadline for decisions on cases that are heard by the Georgia Court of Appeals during the August 2024 term is March 14, 2025. All motions for reconsideration must be decided by March 21, 2025.

Trump and 18 of his allies were indicted in August 2023 for allegedly interfering in the 2020 presidential election in Georgia. Four of the 19 have already made deals with the state. Trump and the remaining defendants have pled not guilty.

Trump, who is the presumptive Republican nominee for this year's presidential election, was convicted last week in New York City of falsifying records to cover up a sex scandal. He is due to be sentenced for that crime on June 11.

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Trump is planning to appeal the conviction and has claimed that the trial was "rigged." It is likely that it will take years for the case to make its way to the appellate courts, which means that Trump will still be a felon when voters head to the polls in November.