ATLANTA (CN) — Attorneys for former President Donald Trump and seven codefendants in the case concerning election interference in Georgia filed a motion Monday seeking immediate review of a judge's decision permitting Fulton County District Attorney Fani Willis to prosecute the case.
On Friday, Fulton County Superior Court Judge Scott McAfee ruled that the defendants failed to meet their burden to prove that Willis’ relationship with the special prosecutor on the case, Nathan Wade, was enough of a conflict of interest to merit her disqualification from the case.
But the judge also found an “appearance of impropriety that infects the current structure of the prosecution team” and said either Willis and her office must fully step aside from the case, or Wade must withdraw for the case to proceed. Within hours, Wade submitted his letter of resignation.
The defendants — Trump, Rudolph Giuliani, Mark Meadows, Robert Cheeley, Michael Roman, David Shafer, Harrison Floyd, and Cathleen Latham — said in their Monday filing that Wade’s resignation was insufficient to counter the appearance of impropriety.
"Defendants believe that the relevant case law requires dismissal of the case, or at the very least, the disqualification of the district attorney and her entire office under the facts that exist here, and the resignation of Mr. Wade is insufficient to cure the appearance of impropriety the court has determined exists," the defendants said in the motion.
"Given these facts and the current state of the case law, the court of appeals should speak definitively to this outcome-determinative issue now," the continued.
The motion highlighted McAfee’s response to the defendants' argument that Willis’ comments during a recent speech at an Atlanta church could be considered forensic misconduct.
Although she did not mention anyone specifically by name, Willis referenced the disqualification efforts as “playing the race card,” referring to Wade as the “Black man” while other unchallenged prosecutors were referred to as “one white woman” and “one white man.”
McAfee called her remarks “legally improper,” but said they did not taint the defendants’ rights to a fair trial.
The defendants also reiterated their argument that Willis has acquired a personal stake in the prosecution that requires appellate review.
“Whether District Attorney Willis and her office are permitted to continue representing the state of Georgia in prosecuting the defendants in this action is of the utmost importance to this case, and ensuring the appellate courts have the opportunity to weigh in on these matters pre-trial is paramount,” the defendants said.
If McAfee grants the request, the court of appeals will decide whether it wants to hear the pretrial appeal. If it declines, lawyers for Trump and the others could then ask the state Supreme Court to hear their appeal.
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