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Hearing scheduled in Trump's bid to disqualify Fulton County DA from 2020 election probe

The former president is also seeking to quash the final grand jury report.

Published: July 30, 2023 9:18am

Updated: July 30, 2023 9:19am

Former President Donald Trump's attorneys have a hearing Aug. 10 on their motion to disqualify Fulton County District Attorney Fani Willis from potentially prosecuting the former president as part of her probe into interference in the 2020 election in the state of Georgia. 

Trump's team also filed a motion to have a judge other than Fulton Superior Court Judge Robert McBurney oversee the district attorney's case, arguing that McBurney has ignored Trump's efforts to quash the report and disqualify Willis, according to Fox 5 Atlanta.

Senior Superior Court Judge Stephen Schuster ordered Friday for both sides to submit their briefs on the issue by Aug. 8. Schuster, a former Cobb County judge, received the case after all Fulton judges were recused because the motion involved McBurney.

The former president is also seeking to quash the final grand jury report, which recommends for multiple unnamed people to be indicted, and to prevent the district attorney's office from using evidence compiled by the grand jury, according to The Atlanta Journal-Constitution,

Trump's motion is considered a longshot by legal experts, but the motion comes as Willis may be on the verge of asking a grand jury to issue indictments, possibly of the former president. 

McBurney was named in the filing after he oversaw the special purpose grand jury that heard from nearly 75 witnesses in the 2020 election probe.

Trump has already asked the Georgia Supreme Court to stop the Fulton County probe. The body unanimously rejected his request earlier this month.

The former president said earlier this month that an indictment out of Fulton County is "probable."

Follow Madeleine Hubbard on Twitter or Instagram.

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