The Georgia Court of Appeals has agreed to take up Donald Trump’s appeal of a lower court’s ruling allowing Fulton County District Attorney Fani Willis to remain on the case in her RICO prosecution of the ex-president for election interference.
Legal experts were quick to declare this will delay the trial so far that it’s likely it will not take place before the November election. The news comes less than one day after U.S. District Judge Aileen Cannon, a Trump appointee, announced she was postponing the Espionage Act/classified documents trial indefinitely.
Professor of law, MSNBC/NBC News legal analyst Joyce Vance posted the Georgia court’s order and her initial response.
“You can scratch off the Georgia trial too now. That’s not happening before the election either,” declared national security attorney Brad Moss.
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“It is entirely possible that the Manhattan case is the only one that makes it to verdict before the election,” Moss added, pointing to the current falsification of business records, hush money, and election interference case prosecuted by Manhattan District Attorney Alvin Bragg.
“Georgia and the MAL docs cases are almost certainly delayed at this point,” he continued, referring to the Mar-a-Lago Espionage Act/classified documents case. “The DC election fraud case hinges on how and when SCOTUS rules. It is possible but by no means certain that the Fall campaign could see that trial take place. Or it could remain bogged down in legal fights too.”
Georgia State University College of Law constitutional law professor Anthony Michael Kreis put it bluntly: “There will be no Georgia trial before 2025. Period. Full stop.”
But he also offered more insight.
“It’ll be a summer of Willis and Wade,” wrote Kreis, referring to Willis’ special prosecutor Nathan Wade, who had a romantic relationship with Willis and resigned after a judge ruled Willis could remain on the case if she corrected certain issues. “Whether the appeals court is more interested in the relationship and the underlying conflict claim or the issue of forensic misconduct over the church speech Willis made in response to the disqualification motion— or both— remains to be seen.”
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But Kreis also attempted to tamp down negative reaction to the Georgia Appeals Court’s decision.
“For everyone complaining about the Fulton County case appeal, let me just say that our Georgia Court of Appeals has incredibly smart, hard-working, and serious judges. They are good and decent folks by and large. So cool it on your hot takes and conspiracy theories there.”
Meanwhile, former federal prosecutor of 30 years, Glenn Kirschner offers some small hope to those wanting to see the trial move forward.
“Judge McAfee said the case will keep moving forward EVEN IF the appeals court grants review,” Kirschner wrote.
Judge McAfee vowed to “continue addressing the many other unrelated pending pretrial motions, regardless of whether the petition is granted within 45 days of filing, and even if any subsequent appeal is expedited by the appellate court.”
READ MORE: ‘This Isn’t Justice’: Legal Experts Blast Cannon for Postponing Trump Case Indefinitely