(TheRedWire.com) – Prosecutors from Fulton County have requested that a Georgia appeals court reject former President Trump’s appeal related to a state court decision. This decision previously permitted District Attorney Fani Willis to continue prosecuting Trump and several of his associates for their alleged efforts to interfere with Georgia’s 2020 presidential election results.
In a document submitted late Wednesday, the DA’s office argued that the appeal, filed by Trump and eight co-defendants, was granted without merit due to insufficient evidence. They emphasized that trial courts typically receive deference regarding decisions on credibility and evidentiary issues unless clearly erroneous. They contended that the evidence of misconduct by Willis presented by Trump and his co-defendants was inadequate for any judicial review.
Prosecutor Donald Wakeford expressed in the filing that the trial court’s factual findings should be respected, highlighting the extensive opportunity given to the defense to substantiate their claims, which strengthens the argument for maintaining the original order.
The appeal led the appeals court to temporarily halt Trump’s criminal trial proceedings to assess whether Willis should be disqualified from the case due to her prior relationship with Nathan Wade, a top prosecutor also involved in the case. This relationship was brought to light by Michael Roman’s lawyer, Ashleigh Merchant, and was followed by contentious hearings where both Willis and Wade defended their past relationship and professional conduct.
Judge Scott McAfee ruled that Willis could proceed with the case contingent upon Wade’s resignation, a condition he fulfilled. Both maintained that their relationship did not breach any professional standards.
In an interview with CNN, when Wade was asked if he regretted his relationship with Willis, he firmly stated, “absolutely not.”
Trump’s lead attorney, Steve Sadow, labeled the motion to dismiss the appeal as a desperate attempt to avoid appellate scrutiny of Willis’s alleged misconduct. He pointed out that Judge McAfee’s decision hinted at potential dishonesty in the testimony provided by Willis and other state witnesses, raising “reasonable questions” about their credibility.
Sadow criticized the state’s motion for omitting these aspects of McAfee’s ruling and noted that previous similar attempts by the state had failed.
With the appeal in place and the appellate court’s decision to pause the pre-trial proceedings, it is unlikely that the trial will commence before Election Day. Oral arguments are tentatively scheduled for October.
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