Appeals Court Makes Decision On Hearing Trump Appeal
After months of delay, Fulton County District Attorney Fani Willis may not be able to proceed with prosecuting former President Donald Trump before the upcoming election in November. On Tuesday, the state Court of Appeals agreed to hear a challenge on Willis’ qualifications to continue with the case. This effectively puts the case on hold, potentially for months to come. The primary reason for the delay is the revelation of Willis’ romantic relationship with a former subordinate, Nathan Wade.
The story was first reported by the Atlanta Constitution-Journal, the largest newspaper in Atlanta. According to the outlet, legal experts are skeptical that the case will be resolved before Election Day. Defense attorney Andrew Fleischman told the Constitution-Journal, “There’s no way this case gets to trial this year.” Fleischman went on to explain that the appeal process, coupled with the complex nature of the case, will likely delay any potential trial until next year.
The Court of Appeals’ decision to hear the appeal was based on Judge Scott McAfee’s “certificate of immediate review.” This allows defendants to appeal a ruling, and only one out of three judges needs to agree for the appeal to be granted. The court did not name the judge who may have agreed to hear the appeal. However, McAfee stated that he will continue to work on resolving pretrial motions while awaiting a decision from the appeals court.
Trump’s attorney, Steve Saddow, praised the Appeals Court’s decision, stating that Trump looks forward to presenting arguments as to why the case should be dismissed and Willis should be disqualified for her alleged misconduct. He also mentioned her alleged political motivations for pursuing the case against the former president.
The court also denied an appeal by Trump co-defendant, Harrison Floyd, who argued that Willis did not properly receive jurisdiction from state election officials before proceeding with the case. However, this decision may not have much of an impact on the overall delay, as the appeals process for Commonwealth Attorney mandates a quick appeal process after a lower court’s approval.
The internal legal timelines of the appeals court also play a significant factor in how long the process may take. Before the case can even be docketed, Fulton Superior Court must prepare the record from the first round of disqualification and send it to the appeals court. This process alone could take weeks or even months, depending on the level of detail in the record.
Once the case is docketed and a panel of three judges is assigned, they must decide when to hear oral arguments. The court’s Deputy Court Administrator, Christina Cooley Smith, explained that the case must be decided within two terms of court, which is roughly around seven months. This means that if the case is docketed before July, it will need to be decided before mid-March 2022.
The decision by the appeals court comes just a day after a federal judge granted an indefinite pause on the state case, citing Trump’s ongoing hush money trial in Manhattan as the primary reason. The judge in that case has required Trump to appear for proceedings every day, and any absence will put him at risk of jail time. This further complicates the timeline for resolving the Georgia case before the election.
Ultimately, the decision by the appeals court to hear the challenge could potentially delay the resolution of the case until next year. Adding to the complexity of the case is the ongoing federal trial and the potential for more appeals, further prolonging the process. With the election just a few months away, it remains unclear if the case will ever reach a trial, let alone be resolved before voters head to the polls.