Following the Friday decision by Fulton County Judge Scott McAfee regarding motions to disqualify District Attorney Fani Willis and her lead prosecutor (and former love interest) from the case involving former President Donald Trump and multiple other defendants over purported interference in the 2020 election, Trump and his co-defendants filed a motion seeking to have the judge’s order certified so that they could appeal it immediately.
McAfee ruled that Willis could remain on the case but that in order to do so, she must fire Nathan Wade. Wade withdrew from the case shortly thereafter.
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The defendants then moved for certification of McAfee’s order to allow for an interlocutory appeal. (Normally, appeals may only be taken after the trial of the case is completed. However, in certain instances, a judge’s ruling may be certified/deemed appealable so that the issue can be addressed on appeal before the case proceeds.)
On Wednesday, McAfee issued a “certificate of immediate review,” thus greenlighting the immediate appeal of his order.
BREAKING: Fulton Superior Court Judge Scott McAfee on Wednesday granted permission for former President Donald Trump and seven others to appeal his recent decision that has kept District Attorney Fani Willis at the helm of her election interference case https://t.co/NIn7yUGXmk
— Tamar Hallerman (@TamarHallerman) March 20, 2024
This will allow for immediate review of McAfee’s ruling by the Georgia Court of Appeals.
Superior Court Judge Scott McAfee on Wednesday granted a request by defense attorneys to ask the Georgia Court of Appeals to review the judge’s decision. It’s now up to the appeals court to decide whether the court will hear it.
As noted, the Court of Appeals has discretion as to whether or not it will take up the appeal. They could decline, in which case McAfee’s order will stand. If they do take it up, this will further delay the proceedings in Fulton County.
For those howling about the delay, it would be highly impractical for the case to proceed through trial when it is possible that ultimately, after all the cases are tried to verdict, an appellate court would review and determine that Willis should not, in fact, have been allowed to remain on the case. Which would mean all of the cases would need to be retried. In the interests of judicial economy, an immediate appeal makes far more sense.
Now, as indicated, it will be up to the Court of Appeals to determine the next move.
