Atalanta, Georgia – Oral arguments regarding former President Donald Trump’s appeal to prevent a district attorney in Atlanta from prosecuting an election interference case against him have been scheduled for October 4. This decision virtually ensures that any trial will not commence before the presidential election one month later. The Georgia Court of Appeals recently announced that these arguments will take place in October, with Trump and eight co-defendants pushing to overturn a trial judge’s ruling to keep Fulton County District Attorney, Fani T. Willis, and her office on the case. They allege that her relationship with an outside attorney appointed to lead the investigation was improper.
This development comes amidst significant delays in two other cases against Trump. A federal judge indefinitely delayed Trump’s Florida trial for mishandling classified documents and obstructing government efforts to retrieve them. Additionally, a federal case in Washington accusing Trump of breaking the law when trying to overturn his 2020 election loss to Joe Biden is on hold pending a Supreme Court ruling on Trump’s claim of presidential immunity.
Trump’s state trial in New York is likely the only criminal case set for trial before the upcoming election, following a guilty verdict on all 34 charges for falsifying business records in connection with hush money payments to an adult-film actress in 2016. In the Georgia case, Trump’s lawyer, Steve Sadow, expressed anticipation for the upcoming arguments to dismiss the case and disqualify DA Willis due to alleged misconduct.
The defendants are seeking to reverse the decision by Fulton County Superior Court Judge Scott McAfee, who found insufficient evidence to disqualify Willis from the case based on her purported romantic relationship with special prosecutor Nathan Wade and alleged conflicts of interest. The other defendants involved in seeking Willis’s disqualification include former White House chief of staff Mark Meadows, Rudy Giuliani, Jeffrey Clark, Mike Roman, Robert Cheeley, David Shafer, Cathy Latham, and Harrison Floyd.
All defendants have maintained their innocence, with several defendants not party to the appeal. A group of defendants charged with conspiring to steal the 2020 election in Georgia have accepted guilty pleas. The appeals judges assigned to the case come from conservative regions outside of Atlanta, which may bode well for the defendants according to defense attorneys.
The court has a period of two full terms to issue a ruling following the arguments on October 4. Judge McAfee has continued to hold hearings in the lower court case, but the defendants are likely to request the appeals panel to pause proceedings during the appeal process. If Trump wins re-election, his legal team is anticipated to seek a halt to the case for the duration of his second term, raising uncertainty on whether Willis’s office would continue prosecution.