The Court of Appeals has temporarily suspended the case of election interference in Georgia involving former President Trump and others, while reviewing the decision of the lower court judge that allowed Fulton County District Attorney Fani Willis to continue handling the case.
The order from the Georgia Court of Appeals on Wednesday (June 5) halted Fulton County Superior Court Judge Scott McAfee from proceeding with pretrial motions during the pending appeal.
This decision by the Court of Appeals has rendered the possibility of the case being judged before the November election very slim.
The Court of Appeals on Monday (June 3) scheduled the appeals filed by Trump and eight other defendants, with a preliminary oral argument set for October 4 if requested and approved. A ruling is expected by mid-March next year, with the option for the losing party to appeal to the Georgia Supreme Court.
In the Georgia case, Fani Willis brought criminal charges against Trump and 18 other Republican allies in August last year, alleging conspiracy to commit extortion to overturn Biden’s 2020 election win in the state. Four of the defendants have pleaded guilty and agreed to cooperate with Willis’s prosecution team.
Trump and the other eight defendants sought to have Willis and her team disqualified from the case, citing a conflict of interest due to her romantic relationship with Special Prosecutor Nathan Wade.
In March, McAfee ruled that Trump and his co-defendants “failed in their burden” to prove that Willis’s relationship with Wade constituted a conflict of interest and did not adequately demonstrate that Willis had benefited economically from it, therefore rejecting the motion to disqualify her.
However, McAfee also stated that only if Wade resigned would Willis be allowed to stay on the case. The Special Prosecutor submitted his resignation hours later.
Trump and the other co-defendants filed an appeal challenging McAfee’s decision not to remove Willis from the case. In a brief order on May 8, the Georgia Court of Appeals granted the request for the appeal to be heard.
McAfee wrote, “The smell of lies still lingers.” He pointed out a “reasonable doubt” concerning whether Willis and Wade testified truthfully about their relationship, indicating a need for appropriate action to correct misconduct.
Allegations of Willis benefiting improperly from her relationship with Wade have thrown the case into turmoil over the past few months, as details of their private lives became public in mid-February.
Willis paid Wade substantial fees under a consulting agreement and they went on luxurious vacations together, with Wade footing the bills. During a previous hearing, Willis claimed she paid her share to Wade in cash, but neither could provide solid evidence.
Both Willis and Wade stated that they began dating in early 2022, after Willis hired Wade as special prosecutor for the Trump investigation. However, two witnesses familiar with Willis testified during the hearing that their relationship actually began in 2019.