Georgia appeals court to hear Fani Willis disqualification arguments in December

The appeals court agreed to review McAfee's decision in May, and paused the case until the appeals process plays out. Arguments were initially scheduled just before the election on Oct. 4, but the December 5 hearing will delay the case until after the election and into the new year.

Published: July 16, 2024 7:43pm

A Georgia court of appeals said Tuesday that it will hear oral arguments related to removing Fulton County District Attorney Fani Willis from former President Donald Trump's racketeering case this December.

Trump and his co-defendants in the sprawling Racketeer Influenced and Corrupt Organizations Act (RICO) case are attempting to disqualify Willis from prosecuting the case over allegations that Willis maintained an inappropriate relationship with special prosecutor Nathan Wade, whom she hired to pursue the case. Willis and Wade have confirmed a previous romantic relationship, but said it ended before the RICO case. Wade has since left the case, but Judge Scott McAfee allowed Willis to remain.

The appeals court agreed to review McAfee's decision in May, and paused the case until the appeals process plays out. Arguments were initially scheduled just before the election on Oct. 4, but the Dec. 5 hearing will delay the case until after the election and into the new year. The court is required to hand down its ruling by March 14, 2025, according to state law, CBS News reported.

The case centers on allegations that Trump and more than a dozen of his allies were involved in an unlawful scheme to overturn the results of the 2020 election in Georgia. A total of 19 people, including Trump, have been indicted in the case, the majority of whom have pleaded not guilty. But four of Trump's allies have accepted plea deals.

Trump has tried to get the case dismissed multiple times, including by claiming the charges violate the First Amendment, but McAfee rejected that argument. A recent Supreme Court ruling could derail the case after it established that presidents are protected from prosecution under presidential immunity for "official acts." However, they are not immune for unofficial acts, and the high court did not specifically state what constitutes official versus unofficial acts.

Trump himself has pleaded not guilty to 10 charges in the case, alongside defendants Rudy Giuliani and former White House Chief of Staff Mark Meadows.

Misty Severi is an evening news reporter for Just the News. You can follow her on X for more coverage.

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