Trump Georgia election case DA Fani Willis disqualified but indictment stands: appeals court

[BumRushDaShow]

Source: CNBC

Published Thu, Dec 19 2024 9:53 AM EST Updated 2 Min Ago


A Georgia appeals court on Thursday disqualified Fulton County District Attorney Fani Willis from overseeing the criminal election interference prosecution of President-elect Donald Trump and other defendants. But the Court of Appeals let stand the indictment against the defendants, who are accused of crimes related to their efforts to overturn Trump’s loss in Georgia’s 2020 election to President Joe Biden.

The ruling clears the way for the resumption of proceedings in the criminal case, and a possible trial for the defendants other than Trump. The president-elect is not expected to stand trial during his term in the White House, but he might face a trial after that term ends.

The decision overturns a Fulton County trial court judge’s ruling that allowed Willis to remain on the case despite arguments by Trump’s attorneys that she should be disqualified due to the impropriety of her romantic relationship with the top prosecutor whom she had picked.

The Court of Appeals in its decision said that the remedy offered by the trial judge — which let Willis remain on the case if the top prosecutor withdrew from handling it — was improper. “We affirm, however, the denial of the appellants’ motion to dismiss the indictment,” the appeals court said.

Read more: https://www.cnbc.com/2024/12/19/trump-georgia-da-fani-willis-disqualified.html

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Article updated.

Previous article -

Published Thu, Dec 19 2024 9:53 AM EST Updated 2 Min Ago


A Georgia appeals court on Thursday disqualified Fulton County District Attorney Fani Willis from overseeing the criminal election interference prosecution of President-elect Donald Trump and other defendants.

But the Court of Appeals let stand the indictment against the defendants, who are accused of crimes related to their efforts to overturn Trump's loss in Georgia's 2020 election to President Joe Biden.


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Original article -

Published Thu, Dec 19 2024 9:53 AM EST


This is breaking news. Please refresh for updates.

[bluestarone]

1. Consider This case OVER!

I feel for Fani here!! Total BULLSHIT!!

[Rebl2]

5. Nobody else

would touch this case now unless it’s a republican prosecutor who would likely dismiss it.

[jimfields33]

2. So get another prosecutor in the job and get it done.

Thankfully most of the work is done.

[FBaggins]

10. Not so easy as that I'm afraid

First - it's likely to take some time before a new selection can be made - because Willis is appealing to the state supreme court.

Assuming they uphold the ruling (it's an almost entirely red court) - there was never much indication that many of the dozens of other DAs in the state would have brought the charges. Georgia has been a "swing" state in recent elections - but that's because of a handful of overwhelmingly blue counties. The vast majority of counties in the state are overwhelmingly red.

So the real question here (assuming the ruling stands) is who makes the selection out of those dozens of prosecutors and would a DA in a deep-red county continue with the charges or drop them.

[republianmushroom]

3. What a bunch of BS.

[ScratchCat]

4. Oh FFS

The Court of Appeals in its decision said that the remedy offered by the trial judge — which let Willis remain on the case if the top prosecutor withdrew from handling it — was improper.

Yet the trial judge said it wasn't even close to being disqualifying. Secondly, the ruling wasn't even appealable unless the trial judge allowed it to be, which he did for no legitimate reason.

Another reason that I am done with politics, the court system and America in general. We have a motherfucking criminal that everyone knows is a criminal running around pretending everyone who tries to hold him accountable is actually the criminal and every "adult in the room" is more than willing to allow him to get away with it for reasons nobody will explain. The entire legal system of this country has been stood on its head to accommodate one single human being who hasn't disputed any of the crimes he has been charged with. Done.

[ZonkerHarris]

6. Fani has a history of screwing stuff up. She did this to herself. Plus her prosecution case of those teachers

for cheating is hugely problematic too.
That case made her headlines but was a lot of bullshit too.

[mackdaddy]

7. Until the Trump trials, I never knew it was possible to put the Prosecutors on Trial as a defense.

Total BullShit of course but the prosecutors having a personal life somehow affects their ability to do their Job?

And in Florida the Judge appointed by the defendant does not have to recuse, and then find the prosecutor themself 'invalid'.

If you have unlimited money from special interest to throw at legal fees, the law apparently does not apply to you.

[SunSeeker]

8. Sickening. There is no conflict. This is insane. I hope she appeals.

[LetMyPeopleVote]

9. Deadline: Legal Blog What happens next in Trump's GA election case after court disqualifies Fani Willis?

The appeals court reversed a trial court ruling that let the Fulton County district attorney and her office stay on the case. But it didn't dismiss the case itself.
https://bsky.app/profile/aniyamaria.bsky.social/post/3ldo5ksvcrk2e

Confirmation of how the Right fears her. Will another prosecutor take it up in a post-Trump era?

Georgia appeals court disqualifies Fani Willis from Trump election prosecution

Link to tweet

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/georgia-court-disqualifies-fani-willis-trump-election-rcna184839

UPDATE (Dec. 19, 12:57 p.m. ET): Fulton County District Attorney Fani Willis’ office has filed a notice of intent to appeal Thursday’s decision disqualifying her and her office from prosecuting the state election interference case against Donald Trump and others. Thursday’s decision was issued by the Georgia appeals court and Willis’ notice signaled her intention to petition the state’s supreme court to review the ruling.

A divided three-judge panel of the Georgia appeals court ruled that Fulton County District Attorney Fani Willis and her office should be disqualified from prosecuting the state election interference case against Donald Trump and others......

Reversing McAfee’s resolution, the majority stressed that Willis hadn’t appealed the trial judge’s finding that there was an appearance of impropriety. “Accordingly, whether the evidence presented to the trial court adequately supported, under the appropriate standard of review on appeal, its finding of the existence of an appearance of impropriety is not before this Court,” the panel majority explained.

“Instead,” it continued, “we must determine whether the remedy fashioned by the trial court for this undisputed finding of a ‘significant’ appearance of impropriety was improper as contended by the appellants.” The appeals court concluded that it was, so it reversed that aspect of McAfee's ruling.

The appeals court declined to dismiss the indictment as the defense requested, but Willis and her office being kicked off the case adds uncertainty to how it can continue. If the ruling stands after any further appeal taken by Willis to the state supreme court, it's unclear when a new office or prosecutor would take on the complex prosecution against Trump and several co-defendants. Trump would likely not face criminal proceedings while he's in office after he's inaugurated next month but other co-defendants remain in the case. So even though the appeals court declined to dismiss the case, it remains to be seen whether the disqualification ruling effectively amounts to a dismissal if it stops the case from moving forward.

A dissenting judge said the majority’s opinion was unsupported by law and called it particularly troubling that the majority interfered with the trial judge’s discretion. “Given the unique role of the trial court and the fact that it is the court which has broad discretion to impose a remedy that fits the situation as it finds it to be, we should resist the temptation to interfere with that discretion, including its chosen remedy, just because we happen to see things differently,” Judge Ben Land wrote in the dissent that would likely be cited by Willis and her office if they appeal. The Atlanta Journal-Constitution noted that all three judges are GOP appointees and the outlet reported that Willis is expected to appeal to the state top court

This ruling is sketchy. I am glad that DA Willis is appealing