Trump appeals order keeping Fani Willis on RICO case- Donald Trump, along with eight co-defendants, has appealed a trial court judge’s decision to keep Fulton County District Attorney Fani Willis in charge of the racketeering (RICO) and election subversion case in Georgia.
The defense has been seeking to have Willis and her office removed from the case since January, primarily due to allegations that her romantic relationship with now-former lead prosecutor Nathan Wade created a conflict of interest. On March 15, Fulton Superior Court Judge Scott McAfee partially granted the defense motion to disqualify but allowed the prosecution to choose which prosecutor had to go, based on a finding that the relationship between Willis and Wade resulted in “a significant appearance of impropriety that infects the current structure of the prosecution team.” Wade resigned shortly afterward.
The defendants argue that the trial court’s method of separating the legal issues was “plain legal error requiring reversal” and that the court’s order was based on a factual record that McAfee established. They contend that the district attorney’s efforts at responding to the original conflict of interest allegations have caused prejudice that cannot be undone so long as she remains on the case.
The appeal argues for the disqualification of DA Willis and her office to remove the stain of her legally improper and plainly unethical conduct from the remainder of the case. Additionally, the defense faults the trial court for finding that Willis had created “significant appearance of impropriety,” but for not following Georgia law by removing her.
The appellate court has 45 days from March 29 to issue an order granting or denying consideration of the defense appeal. The defense argues that the failure to disqualify Willis now could require any verdicts to be overturned, and it would be “neither prudent nor efficient” to risk having to go through “this painful, divisive, and expensive process” multiple times. They also argue that it is crucial for prosecutors to “remain and appear to be disinterested and impartial” to maintain public faith in the integrity of the judicial syste.
The case involves allegations that Trump and the 18 others were involved in a wide-ranging scheme to illegally try to overturn his narrow 2020 presidential election loss to President Biden in Georgia. Four people charged in the case have pleaded guilty after reaching deals with prosecutors, while Trump and the others have pleaded not guilty.
