FULTON COUNTY, Ga. — In a new legal filing, the Fulton County District Attorney's Office urged the Georgia Court of Appeals to allow their election interference case against former president Donald Trump and his co-defendants to move forward.
"They ask this Court to second guess the trial court's factual conclusions and apply standards of disqualification that no Georgia court has ever authorized or employed," wrote prosecutors in their appellate brief Monday.
The case, which began with a sprawling RICO indictment, has been stalled since May when the appellate court agreed to hear an immediate appeal of Fulton County Superior Court Judge Scott McAfee's conflict of interest ruling on the romantic relationship between Fulton County District Attorney Fani Willis and special prosecutor Nathan Wade, whom she chose to help lead the Trump prosecution.
Defense attorneys at the time argued that the pair had improperly financially benefitted from the case, creating a conflict of interest that should disqualify the D.A.'s office from the prosecution. Wade and Willis -- in legal filings and during hours of in-court testimony -- disputed the allegations that anything improper occurred.
In March, Judge McAfee ruled that the relationship did not lead to an actual conflict of interest but did create "an appearance of impropriety." Wade resigned from the case hours after the ruling. McAfee then allowed the case to proceed.
Defense attorneys have asked the Georgia Court of Appeals to reconsider the decision, arguing Judge McAfee should have disqualified the entire Fulton County D.A.'s office and dismissed the indictment.
"Willis has put her personal, financial, political, and romantic interests before not only her own professional integrity but, more importantly, the due process rights of the accused and the integrity of our judicial system," defense attorneys wrote in their June appellate brief.
Barring major unexpected developments, a resolution before the presidential election is all but impossible. The Court of Appeals has scheduled oral arguments for December.
You can read the full brief below.
