June 16, 2024

Fani Willis files motion to dismiss Trump appeal of lower court disqualification ruling

The ongoing saga of Fulton County District Attorney Fani Willis and her growing list of scandals has kept the Georgia prosecutor in the news consistently in recent months, and she has just made yet another headline-grabbing move.

Willis has filed a motion seeking the dismissal of Donald Trump's appeal of a lower court ruling that allowed her to remain at the helm of the election interference case against the former president, provided her former paramour Nathan Wade, stepped down from the matter, as Fox News reports.

Willis makes her move

The embattled D.A. filed a motion on Wednesday in which she detailed the fact that Superior Court Judge Scott McAfee ruled that there was inadequate evidence presented below to establish Trump's claim of a conflict of interest sufficient to warrant her disqualification from the case.

She further contended that there is “no basis” for an appeal of McAfee's decision to be heard.

Willis' motion declared, “As both this Court and the Supreme Court have repeatedly held, Georgia appellate courts will not disturb a trial court's factual findings on disputed issues outside of certain, very rare, circumstances.”

“When a trial court makes determinations concerning matters of credibility or evidentiary weight, reviewing courts will not disturb those determinations unless they are flatly incorrect,” the motion continued.

Putting a fine point on the D.A.'s position, Willis' motion added, “The State respectfully submits that, with such due deference afforded to the trial court's factual findings, there exists no basis for reversal of the order at issue.”

Last ditch effort

Willis' motion comes weeks after the Georgia Court of Appeals tentatively placed oral arguments in Trump's appeal on the docket for October, as ABC News reported earlier this month.

Oct. 4 is currently the appointed date for the proceedings, though a court notice sent to lawyers in the case, added, “A calendar will be sent to counsel of record confirming the exact date of oral argument.”

Though McAfee suggested earlier that the case involving Trump and 18 co-defendants would continue apace while the appeal makes its way through the courts, not everyone believes that promise can be kept.

Former Georgia prosecutor Chris Timmons told ABC News that the scheduling information from the Court of Appeals signals to him that there is little likelihood of the trial taking place ahead of the November election, scuttling Willis' hopes of securing a conviction before voters go to the polls.

With both federal cases against Trump also currently in limbo and his New York conviction believed to be ripe for appeal due to a host of reversible error, the Democrats' warfare strategy designed to derail the former president's candidacy continues to face obstacles at every turn.

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