Trump vs. Fani Willis: Former president responds to DA's motion to dismiss appeal
FULTON COUNTY, Ga. - President Trump and his co-appellants are opposing Fulton County District Attorney Fani Willis' motion, which was filed on June 12, to dismiss their appeal. The appeal challenges the trial court's decision to deny the dismissal of the case and the disqualification of District Attorney Fani Willis and her office.
RELATED: DA Willis fights to dismiss Trump's appeal over disqualification
"President Trump has filed his response in opposition to the State’s meritless motion to dismiss the interlocutory appeal. The Georgia Court of Appeals granted us the right to appeal after due and proper consideration. The State’s ‘Hail Mary’ motion is an obvious attempt to stop appellate review of DA Willis’ misconduct. We are optimistic that the Court will deny the motion and proceed to favorably decide the appeal on the merits," Steve Sadow, lead counsel for Trump, said in a statement.
Trump co-defendant Michael Roman filed a motion in January seeking the disqualification of Willis because of an "improper" relationship with former special prosecutor Nathan Wade.
A hearing was held in March, and after several days of testimony, Fulton County Superior Court Judge Scott McAfee issued a ruling that allowed Willis to stay on the case if Wade resigned. Wade resigned later that day.
Trump and his co-defendants disagreed with McAfee's decision and requested permission to appeal. After they received it, they filed an appeal with the Georgia Court of Appeals. The appellate court then agreed to hear the appeal, and arguments are currently scheduled to be heard on Oct. 4.
According to the response filed by Trump, the State (Willis) filed a motion, without citing any relevant authority, to dismiss the appeal, arguing that the Court of Appeals improvidently granted interlocutory review. Former President Trump and his co-appellants argue that there is no procedural basis for the State's motion and that it conflicts with applicable statutes and court rules.
The appellants also emphasized that the majority of the issues in the appeal are legal, not factual, and the trial court and Court of Appeals have already determined that the issues are critical and warrant interlocutory review.
Additionally, the appellants accuse the State of trying to mislead the Court to avoid disqualification, arguing that the motion to dismiss lacks legal basis and is an attempt to avoid addressing substantial legal errors.
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In August 2023, a Fulton County grand jury indicted Trump and 18 others, accusing them of engaging in an extensive scheme to illegally try to overturn the 2020 presidential election in Georgia. Four defendants have entered guilty pleas after striking deals with prosecutors, but Trump and the rest have pleaded not guilty.