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Georgia court will hear Trump's case to disqualify Fani Willis one month after presidential election

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Georgia court will hear Trump's case to disqualify Fani Willis one month after presidential election

The Georgia Court of Appeals will hear former President Trump’s case to have District Attorney Fani Willis disqualified on Dec. 5 — a month after the 2024 presidential election. 

The Georgia court will hear the appeal by Trump and his co-defendants to have embattled Willis disqualified from the case due to an alleged “improper” affair with former special prosecutor Nathan Wade.

Last month, lawyers for Trump filed the opening brief in their appeal of a court order in hopes of disqualifying Wills from the sweeping electioneering case against him in Georgia. 

“The brief persuasively argues that the trial court should have dismissed the case and disqualified DA Willis for her forensic misconduct and the appearance of impropriety between her and former Special Assistant DA Wade, who was her lover and taxpayer-funded financial benefactor,” Steve Sadow, lead attorney for Trump, said in a statement. 

FANI WILLIS FACES NOTHING BUT SETBACKS IN CASE AGAINST TRUMP, THE LATEST PENDING WITH SUPREME COURT

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Fulton County District Attorney Fani Willis arrives to speak after winning the Democratic primary on Tuesday, May 21, 2024, in Buckhead, Ga.  (AP Photo/Brynn Anderson)

“We are optimistic that the Court will favorably decide the appeal in our favor.”

“Should a prosecutor be disqualified for intentionally and repeatedly violating ethical and professional canons to prejudice defendants for personal or political gain? Yes,” the brief argues.  

“Is disqualification necessary when a prosecutor testifies falsely, conceals misconduct, and creates ‘an odor of mendacity’ that results in a ‘significant appearance of impropriety?’ Undoubtedly so. If this prosecutor deflects attention from her misconduct by claiming on national television that the defendants are dishonest racists for bringing the truthful accusations to light, could anyone have confidence in the impartiality of the prosecutor’s actions? Absolutely not,” it states.

The appeals court paused activity in the case against Trump, all but eliminating any opportunity for Willis to try the former president before the Nov. 5 presidential election. 

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TRUMP’S APPEAL TO DISQUALIFY FANI WILLIS FROM GA CASE GETS OCTOBER HEARING DATE

Fani Willis celebrates

Fulton County District Attorney Fani Willis celebrates after winning the Democratic primary on Tuesday, May 21, 2024, in Buckhead, Ga.  (AP Photo/Brynn Anderson)

Willis filed a motion to dismiss that appeal earlier this month, saying the lower court found there was no sufficient evidence to support their claims that Willis has a conflict of interest, and says that there is “no basis” to appeal Fulton Superior Court Judge Scott McAfee’s March ruling allowing Willis to stay on the case.

Trump’s lawyer called the motion a “last ditch effort to stop any appellate review of [her] misconduct.”

Trump was indicted in August along with 18 co-defendants stemming from the yearslong criminal investigation led by Willis and state prosecutors in Georgia into his alleged efforts to overturn the 2020 presidential election in the state.

The charges include violating the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act; solicitation of violation of oath by a public officer; conspiracy to commit impersonating a public officer; conspiracy to commit forgery in the first degree; conspiracy to commit false statements and writings; conspiracy to commit filing false documents; conspiracy to commit forgery in the first degree; and filing false documents.

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REP JORDAN URGES CONGRESS TO ‘DEFUND LAWFARE ACTIVITIES’ OF TRUMP PROSECUTORS

Nathan Wade

Former Special prosecutor Nathan Wade arrives before Fulton County District Attorney Fani Willis speaks after winning the Democratic primary on Tuesday, May 21, 2024, in Buckhead, Ga. (AP Photo/Brynn Anderson)

Since then, Willis has struggled to avoid roadblocks in her efforts to try Trump, the GOP presidential nominee, before the election.

McAfee in March dismissed six of the charges and said the state failed to allege sufficient detail for six counts of “solicitation of violation of oath by public officer.” 

In February, Michael Roman, a GOP operative and co-defendant in the case, dropped bombshell accusations that Willis had an “improper” affair with Wade, whom she hired to help prosecute the case in November 2021. 

Other co-defendants made similar allegations, and said she financially benefited from her relationship with him by taking lavish vacations together. 

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Both Wade and Willis denied they were in a romantic relationship prior to his hiring and said the couple would split the costs of their shared travels; Willis said she reimbursed Wade for her share of the trips in cash.

After evidentiary hearings held in February, McAfee ordered that Wade had to be removed in order to keep Willis from disqualification in the Trump election interference case.

“[T]he established record now highlights a significant appearance of impropriety that infects the current structure of the prosecution team – an appearance that must be removed through the State’s selection of one of two options,” he wrote, adding that Willis and her whole office can choose to step aside, or Wade can withdraw from the case.

Wade subsequently resigned from his post as special prosecutor.

In his March order, McAfee said while Willis’ “reimbursement practice” was “unusual and the lack of any documentary corroboration understandably concerning,” he ultimately decided that the defendants did not present “sufficient evidence” that expenses weren’t “roughly divided evenly.” 

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He also said, “the evidence demonstrated that the financial gain flowing from her relationship with Wade was not a motivating factor on the part of the District Attorney to indict and prosecute this case.”

“[T]he Court finds that the record made at the evidentiary hearing established that the District Attorney’s prosecution is encumbered by an appearance of impropriety,” McAfee wrote in his order.

GEORGIA PROSECUTOR FANI WILLIS APPEALS AFTER JUDGE DROPS MULTIPLE TRUMP CHARGES

“As the case moves forward, reasonable members of the public could easily be left to wonder whether the financial exchanges have continued resulting in some form of benefit to the District Attorney, or even whether the romantic relationship has resumed.”

“Put differently, an outsider could reasonably think that the District Attorney is not exercising her independent professional judgment totally free of any compromising influences. As long as Wade remains on the case, this unnecessary perception will persist,” he said.

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When the defense in March submitted a joint motion for a Certificate of Immediate Review, McAfee said his Order on the Defendants’ Motions to Dismiss and Disqualify the Fulton County District Attorney issued March 15 “is of such importance to the case that immediate review should be had” and allowed the defendants to ask the Georgia appeals court for an opportunity to appeal, which the court granted last month.

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Southeast

Former federal prosecutor in death row case speaks on Biden commuting murderer's sentence: 'My heart aches'

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Former federal prosecutor in death row case speaks on Biden commuting murderer's sentence: 'My heart aches'

A former federal prosecutor in the case that sent a man to death row says it is difficult to see a “remorseless murderer” be relieved of his sentence following President Biden’s decision on Monday to commute nearly all federal inmates facing execution.

Brandon Council, of North Carolina, was sentenced to death by a federal jury on Oct. 3, 2019, after he was found guilty of killing two women who worked at a South Carolina bank during a robbery in 2017. 

Council was one of the 37 convicted murderers who will now spend life in prison without parole after Biden reclassified their death sentences.

Derek Shoemake, former assistant U.S. attorney for the District of South Carolina and one of the federal prosecutors in the case against Council, told Fox News Digital it was “one of the greatest professional honors” of his life to pursue justice for victims Donna Major, 59, and Kathryn Skeen, 36, and his heart aches for their families following Biden’s decision.

BIDEN COMMUTES SENTENCES OF 37 FEDERAL DEATH ROW INMATES IN FINAL MONTH OF PRESIDENCY

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Donna Major, 59, and Kathryn (Katie) Skeen, 36, were killed in cold blood by Brandon Council while he robbed a South Carolina bank in 2017. (Derek Shoemake)

“Donna and Katie were amazing women, wonderful mothers, and beacons of light in their community. Today my thoughts and prayers are with their families, and my heart aches for them as they process this news,” Shoemake said in a statement.

He also said his thoughts and prayers are with the team who “worked for more than a year” getting justice for Major and Skeen, “ensuring a remorseless murderer received a sentence that spoke to the horrific nature of his senseless crimes.”

Brandon Council mugshot

Brandon Council is one of 37 federal death row inmates who escaped execution following President Biden’s decision to commute their sentences. (DeathPenaltyInfo.org)

Council entered CresCom Bank in Conway, South Carolina, on Aug. 21, 2017, with the intention of robbing the business and killing its employees, according to a 2017 news release from the U.S. Attorney’s Office for the District of South Carolina (USAO-SC).

After making it inside, Council shot Major, who was the bank teller, multiple times with a revolver, the USAO-SC said at the time. He then ran into Skeen’s office, where she worked as the bank’s manager, and shot her multiple times while she hid under her desk. 

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Before fleeing the bank, he stole keys to both victims’ cars, their bank cards and more than $15,000 in cash. He took one of the vehicles to a motel he was staying at, packed his luggage and drove off.

FBI AGENT SAYS BANK ROBBERY SUSPECT BRANDON COUNCIL CONFESSED HE WOULD KILL

“It is difficult to see a sentence wiped away from 400 miles away after it was legally imposed by a jury of men and women from South Carolina who spent weeks listening to evidence, deliberating, and carefully deciding the appropriate punishment,” Shoemake said.

He also said it hurts that the victims’ families “will celebrate yet another Christmas without their loved ones,” while Council is among the 37 federally convicted murderers “celebrating a political victory.”

BIDEN’S DECISION TO COMMUTE SENTENCES FOR DEATH ROW INMATES SPARKS SOCIAL MEDIA FRENZY

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Most federal death row inmates were housed at the federal prison complex in Terre Haute, Indiana.

Most federal death row inmates were housed at the federal prison complex in Terre Haute, Indiana. (AP Photo/Michael Conroy, File)

Shoemake said his focus is not on the political debate surrounding Biden’s commutations, but on the “legacy of love, family, and faith” that Major and Skeen embodied.

“I pray for their families, as I so often do, and I pray for all the victims’ families impacted today,” he said.

In a White House statement announcing the commutations on Monday, Biden said he condemns the murderers and their “despicable acts,” and he grieves for the victims and families who have suffered “unimaginable and irreparable loss,” but he “cannot stand back and let a new administration resume executions that I halted.”

Robert Bowers, Dylann Roof, Dzhokhar Tsarnaev

President Biden commuted the sentences of 37 of the 40 convicted murderers on federal death row, converting their punishments to life imprisonment. He left Tree of Life Synagogue shooter Robert Bowers (left), Charleston church shooter Dylann Roof (middle) and Boston Marathon bomber Dzhokhar Tsarnaev (right). (Pennsylvania Department of Transportation, from left, Charleston County Sheriff’s Office, FBI via AP)

Only three inmates remain on federal death row as Biden’s presidency nears its end. They are Tree of Life Synagogue shooter Robert Bowers, Charleston church shooter Dylann Roof and Boston Marathon bomber Dzhokhar Tsarnaev.

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Fani Willis' disqualification from Trump case has 'overwhelming' impact, legal expert says

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Fani Willis' disqualification from Trump case has 'overwhelming' impact, legal expert says

George Washington University law professor Jonthan Turley said Fulton County District Attorney Fani Willis was “wrong” to bring the Georgia election interference case against President-elect Trump after a Georgia court disqualified Willis and her team from prosecuting the case on Thursday.

GEORGIA APPEAL COURT DISQUALIFIES DA FANI WILLIS AND HER TEAM FROM TRUMP ELECTION INTERFERENCE CASE

JONATHAN TURLEY: The immediate impact of this decision is overwhelming in terms of Willis herself. I mean, this court is basically saying that these cases are not supposed to be sort of vanity projects. You know, you were told by the lower court that you created this appearance of impropriety and the question for the court is why you didn’t remove yourself. Many of us at the time said that most prosecutors would have seen that their continuation of the case was harming the case and harming the public interest. Willis simply refused to give up the ghost and insisted that she wanted to be the lead in this. 

She was wrong to bring the case against Trump. You know, there are some viable claims here. You know, she charged some people with unlawful entry or access to restricted areas. Those are not particularly serious crimes, but they are crimes. She was wrong to go after Trump on this basis. She clearly wanted to engage in lawfare, and that’s one of the reasons why she wouldn’t give up the case. You know, when this issue was first raised, many of us wrote at the time that the correct move was to remove yourself. You selected a former lover as the lead counsel. That violated, in my view, core ethical requirements. He was ultimately disqualified by the court. But Judge McAfee gave her a chance to do the right thing. He said, look, this is your conduct is wrong here and you can remove yourself. Well, he was talking to the wrong person. She had no interest in removing herself. I mean, lawfare is only valuable if you’re the lead warrior, and she was not going to give up that position. 

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Fani Willis — the district attorney for Fulton County, Georgia — previously said the allegations brought against her of having an “improper” romantic relationship with special prosecutor Nathan Wade were made because she is Black. (Getty Images)

The court did not toss Trump’s indictment entirely, but Willis and the assistant DAs working in her office now have “no authority to proceed.”

“After carefully considering the trial court’s findings in its order, we conclude that it erred by failing to disqualify DA Willis and her office,” the filing states. “The remedy crafted by the trial court to prevent an ongoing appearance of impropriety did nothing to address the appearance of impropriety that existed at times when DA Willis was exercising her broad pretrial discretion about who to prosecute and what charges to bring.” 

In an exclusive interview with Fox News Digital, Trump said the “whole case has been a disgrace to justice.” 

“It was started by the Biden DOJ as an attack on his political opponent, Donald Trump,” he said, “They used anyone and anybody, and she has been disqualified, and her boyfriend has been disqualified, and they stole funds and went on trips.” 

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Trump said the case “should not be allowed to go any further.” 

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Fox News’ Brooke Singman contributed to this report.

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Fani Willis' reputation 'damaged' after disqualification from Trump case: Georgia reporter

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Fani Willis' reputation 'damaged' after disqualification from Trump case: Georgia reporter

Atlanta Journal-Constitution reporter Greg Bluestein told MSNBC on Thursday that Fulton County District Attorney Fani Willis’s reputation was “damaged” after a court disqualified her and her office from prosecuting President-elect Donald Trump in the election interference case against him.

“Her reputation is damaged, right? This was an unforced error as we said earlier, and, you know, this was all of her own doing, and now it unravels or might unravel one of the signature cases, not just of her career, but in Georgia. It leaves her damaged and it will be interesting to see what case she tries to make when she is expected to appeal this to the Georgia Supreme Court,” Bluestein told MSNBC’s Ana Caberra when asked about what was next for Willis.

The Georgia Court of Appeals on Thursday disqualified Willis and her team from prosecuting Trump and co-defendants in her election interference case. The court did not toss the indictment but declared that Willis and her team now have “no authority to proceed.” 

Bluestein noted that Willis had just won re-election in Georgia and that it wasn’t a surprise because Fulton County is a Democratic stronghold.

Reporter tells MSNBC Fani Willis’ reputation is damaged after she was disqualified from prosecuting the case against Trump. (Screenshot/MSNBC)

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 FANI WILLIS FACES NOTHING BUT SETBACKS IN CASE AGAINST TRUMP, THE LATEST PENDING WITH SUPREME COURT

“After carefully considering the trial court’s findings in its order, we conclude that it erred by failing to disqualify DA Willis and her office,” the filing states. “The remedy crafted by the trial court to prevent an ongoing appearance of impropriety did nothing to address the appearance of impropriety that existed at times when DA Willis was exercising her broad pretrial discretion about who to prosecute and what charges to bring.” 

Bluestein said, “It is expected to be appealed to the Georgia Supreme Court, but this is a really decisive order against Fani Willis being able to continue this case.”

Willis, who was spearheading the sweeping prosection case against Trump, came under fire after she was accused in February of having an “improper” affair with special prosecutor Nathan Wade, whom she had hired to help prosecute the case.

Wade was ultimately forced to step down from the prosecution team.

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Fulton County District Attorney Fani Willis is seen in Atlanta.

Fulton County District Attorney Fani Willis is seen in Atlanta. (Alyssa Pointer/Getty) (Alyssa Pointer)

JUDGE RULES FANI WILLIS MUST STEP ASIDE FROM TRUMP CASE OR FIRE SPECIAL PROSECUTOR NATHAN WADE

In an exclusive interview with Fox News Digital, Trump said the “whole case has been a disgrace to justice.” 

Trump additionally said that the case “should not be allowed to go any further.” 

Catherine Christian, a former assistant Manhattan district attorney, also weighed in on the disqualification on MSNBC.

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“But usually appellate courts defer to the lower court, the trial judge, who fashioned a remedy. He said Nathan Wade, the man she was having an affair with, had to leave so the office could stay, and this court has said, nope. This court said that Judge MacAfee did not really appreciate that her decision-making wasn’t just the indictment. It was who to charge, how to charge it, and that’s at the time when this alleged romantic relationship was going on, and they said that also was one of the reasons why they think it’s more than an appearance of impropriety. It’s a conflict of interest, and not just her, the entire office is disqualified,” Christian said.

Fox News Digital reached out to Fani Willis’ office for comment.

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