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Georgia Appeals Court says it will consider Trump's effort to disqualify DA Fani Willis from election subversion case.
ATLANTA — An appeals court has halted the Georgia election interference case against former PresidentDonald Trumpand others while itreviews the lower court judge's rulingallowing Fulton County District Attorney Fani Willis to remain on the case.
The Georgia Court of Appeals' order on Wednesday prevents Fulton County Superior Court Judge Scott McAfee from moving forward with pretrial motions as he had planned while the appeal is pending. While it was already unlikely that the case would go to trial before the November general election, when Trump isexpected to be the Republican nomineefor president, this makes that even more certain.
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The appeals court on Monday docketed the appeals filed by Trump and eight others and said that “if oral argument is requested and granted” it is tentatively scheduled for Oct. 4. The court will then have until mid-March to rule, and the losing side will be able to appeal to the Georgia Supreme Court.
A spokesperson for Willis declined to comment on the appeals court ruling.
A Fulton County grand jury in August indicted Trump and 18 others, accusing them of participating in a sprawling scheme to illegally try to overturn the 2020 presidential election in Georgia. Four defendants have pleaded guilty after reaching deals with prosecutors, but Trump and the others have pleaded not guilty. It is one offour criminal cases against Trump.
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Trump and eight other defendants had tried to get Willis and her office removed from the case, arguing that a romantic relationship she had withspecial prosecutor Nathan Wadecreated a conflict of interest. McAfee in Marchfound that no conflict of interest existedthat should force Willis off the case, but hegranted a request from Trumpand the other defendants to seek an appeal of his ruling from the state Court of Appeals.
McAfee wrote that “an odor of mendacity remains.” He said “reasonable questions” over whether Willis and Wade had testified truthfully about the timing of their relationship “further underpin the finding of an appearance of impropriety and the need to make proportional efforts to cure it.” He said Willis could remain on the case only if Wade left, and the special prosecutor submitted his resignation hours later.
The allegations that Willis had improperly benefited from her romance with Wade resulted in a tumultuous couple of months in the case as intimate details of Willis and Wade’s personal lives wereaired in court in mid-February.
Steve Sadow, Trump's lead attorney in Georgia, said the Court of Appeals was right to halt proceedings while it hears the appeal "which argues the case should be dismissed and Fulton County DA Willis should be disqualified for her misconduct.”
A look at the 19 people charged in the Georgia indictment connected to Trump's election scheme
Key people in the Georgia election fraud case
Donald Trump
Rudy Giuliani
John Eastman
Mark Meadows
Sidney Powell
Kenneth Chesebro
Prosecutors have said Chesebro, an attorney, worked with Republicans in numerous swing states Trump lost, including Georgia, in the weeks after the November 2020 election at the direction of Trump’s campaign. Chesebro worked on the coordination and execution of a plan to have 16 Georgia Republicans sign a certificate declaring falsely that Trump won and declaring themselves the state’s “duly elected and qualified” electors.
Jeffrey Clark
Jenna Ellis
Ray Smith
A Georgia-based lawyer, Smith was involved in multiple lawsuits challenging the results of the 2020 election in Georgia. He also gathered witnesses to provide testimony before Georgia legislative subcommittee hearings held in December 2020 on alleged issues with the state’s election.
Robert Cheeley
A Georgia lawyer, Cheeley presented video clips to legislators of election workers at the State Farm Arena in Atlanta and alleged the workers were counting votes twice or sometimes three times. He spoke to the lawmakers after Giuliani.
Michael Roman
A former White House aide who served as the director of Trump’s election day operations, Roman was involved in efforts to put forth a set of fake electors after the 2020 election.
Shawn Still
He was one of 16 Georgia Republicans who signed a certificate falsely stating that Trump had won the state and declaring themselves the state’s “duly elected and qualified” electors. Still was the finance chairman for the state GOP in 2020 and served as a Georgia delegate to the Republican National Convention that year. He was elected to the Georgia state Senate in November 2022 and represents a district in Atlanta’s suburbs.
Stephen Cliffgard Lee
Prosecutors say Cliffgard Lee, a pastor, worked with others to try to pressure Georgia election worker Ruby Freeman and her daughter after Trump and his allies falsely accused them of pulling fraudulent ballots from a suitcase during the vote count. Lee allegedly knocked on Freeman’s door, frightening her and causing her to call 911 three times, prosecutors said in a court filing last year.
Harrison William Prescott Floyd
Also known as Willie Lewis Floyd III, he served as director of Black Voices for Trump, and is accused of recruiting Lee to arrange a meeting with Freeman and Chicago-based publicist Trevian Kutti.
Trevian C. Kutti
Prosecutors allege Kutti, a publicist, claimed to have high-level law enforcement connections. They say Freeman met with Kutti at a police precinct, where she brought Floyd into the conversation on a speakerphone. Prosecutors say Kutti presented herself as someone who could help Freeman but then pressured her to falsely confess to election fraud.
Cathy Latham
Scott Graham Hall
An Atlanta-area bail bondsman, Hall was allegedly involved in commandeering voting information that was the property of Dominion Voting Systems from Coffee County, a small south Georgia jurisdiction. Also charged in the scheme were Powell, Latham and former county elections supervisor Misty Hampton.
Misty Hampton
She was the elections director in Coffee County. Hampton was present in the county elections office on Jan. 7, 2021, when a computer forensics team copied software and data from the county’s election equipment. She also allowed two other men who had been active in efforts to question the 2020 election results to access the elections office later that month and to spend hours inside with the equipment.
Read the Trump indictment in Georgia
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