Trump wants immediate appeal of RICO case ruling

Trump wants immediate appeal of RICO case ruling- Donald Trump and several co-defendants have sought permission to appeal a ruling by Fulton County Superior Court Judge Scott McAfee, who denied a complete dismissal of the case against Trump and the disqualification of District Attorney Fani Willis.

McAfee’s decision, which rejected both requests and instead demanded the resignation of Fulton County special prosecutor Nathan Wade from the case, prompted a swift withdrawal by Wade, addressing concerns raised by four co-defendants regarding an alleged “improper” relationship with Willis, whom Wade had hired to assist in prosecuting the case. Both Willis and Wade have refuted these allegations.

In their motion filed on behalf of Trump and various co-defendants, including Rudy Giuliani, Mark Meadows, Robert Cheeley, Michael Roman, David Shafer, Harrison Floyd, and Cathleen Latham, they argue that the court’s ruling has cast a shadow of impropriety and a lingering “odor of mendacity” over the proceedings. Despite this contention, the court declined to disqualify District Attorney Willis, instead opting to remove only the Special Assistant District Attorney, believing it would rectify the perceived impropriety. The defendants maintain that Wade’s resignation is insufficient to dispel the taint of impropriety identified by the court and assert that the order is ripe for pretrial appellate review.

The appeal request carries significance under Georgia law, requiring defendants to secure permission from the presiding judge to pursue an appeal before any trial. Even if Judge McAfee grants permission, the Georgia Court of Appeals must agree to hear the case. McAfee’s decision followed weeks of public hearings scrutinizing the alleged romantic relationship between Willis and Wade, which the defendants argued posed an insurmountable conflict of interest for Willis.

Additionally, the defendants highlight a speech delivered by Willis at an Atlanta church on January 14, wherein she suggested that criticisms leveled against her and Wade were racially motivated. The defense contends that this speech alone warrants Willis’s disqualification. While Judge McAfee acknowledged the speech as “legally improper,” he cited a lack of clear legal precedent in Georgia to guide him on whether disqualification was warranted. In seeking the judge’s consent to pursue an appeal, the defendants argue that this lack of precedent underscores the need for appellate court intervention.

The case against Trump and his co-defendants revolves around allegations of conspiring to overturn the former president’s 2020 election defeat in Georgia, with charges including racketeering and other related crimes. Four other defendants have already pleaded guilty. Given the complexity of the case and the procedural hurdles associated with the appeal process, it is unlikely that the trial will commence soon.