Trump, others can appeal Fani Willis removal ruling, judge allows
Source: Atlanta Journal-Constitution
Fulton County 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 the election interference case.
McAfee issued a certificate of immediate review, which allows the defendants to appeal his ruling to the Georgia Court of Appeals before a trial begins. It will be up to the appeals court to decide whether to take up the matter.
The requested motion is granted, the judge wrote in a short order, which also makes clear hell continue to work on other matters related to the case in the meantime.
The Court intends to continue addressing the many other unrelated pending pretrial motions, he added, 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: https://www.ajc.com/politics/breaking-fulton-judge-allows-trump-others-to-appeal-fani-willis-removal-ruling/Z7NZGYJVXRDGDFEBMCWPSTBIEQ/
underpants
(182,807 posts)iluvtennis
(19,861 posts)mahatmakanejeeves
(57,459 posts)The Associated Press
March 20, 2024, 11:18 AM
{snip}
EarlG
(21,948 posts)I don't think the order introduces a delay, although the first part of the cited article doesn't make that clear. The story says: "McAfee issued a 'certificate of immediate review,' which allows the defendants to appeal his ruling to the Georgia Court of Appeals before a trial begins," implying that the appeal will stop the trial.
But it goes on to say:
The Court intends to continue addressing the many other unrelated pending pretrial motions, he added, regardless of whether the petition is granted within 45 days of filing, and even if any subsequent appeal is expedited by the appellate court.
Indeed an earlier thread on this says: "Per McAfees order, the trial court proceedings are not automatically stayed. He says he intends to address pending pre-trial motions regardless of whether the appeal is taken up by the Georgia Court of Appeals."
https://www.democraticunderground.com/?com=view_post&forum=1002&pid=18794428
In other words, while Trump can appeal the ruling before the trial begins, in this case the act of appealing isn't actually going to delay the trial. Pre-trial motions will continue while the appeal is going on in the background.
moniss
(4,245 posts)appellate court ordering a stay to anything McAfee is doing while they hear the appeal. I know it would be farcical but I think we went into that territory already in what the defense has been allowed to do.
republianmushroom
(13,595 posts)Lonestarblue
(9,994 posts)Our justice system seems to allow too many appeals. Why should someone like Trump get to appeal who the prosecutor is? Fani Willis personal life has no bearing on the evidence or the grand jury charges in this case, but if she is removed on appeal Republicans in Georgia will see that this case is buried.
Marthe48
(16,963 posts)if he thought it would delay any trail in which he is the defendant.
I bet he has never delayed a lawsuit which he brought to trial to benefit himself
hadEnuf
(2,190 posts)Funny how things change, isn't it?
Right-wing scum can't win anything on facts. That's why they cheat, lie and dig up fake dirt on people.
catrose
(5,067 posts)LymphocyteLover
(5,644 posts)Owl
(3,642 posts)Another possible 45 day delay?
onetexan
(13,041 posts)Earth-shine
(4,020 posts)and they want the details.
Picaro
(1,521 posts)This spiraled out of control a while ago.
I've still yet to hear a cogent explanation of exactly how the relationship between these two represented any sort of conflict of interest.
It is clear that we have another judge in the bag for Trump. Or he is responding to political pressure. Doesn't really matter which.
So, basically this judge is saying that any of the defendants can appeal and grind the entire process to a halt.
I'm embarrassed for my country.
Putin must be cackling with glee at our impotence and inability to defend ourselves from election year attacks by our sworn adversaries--Russia, China, Hungary, and others.
EndlessWire
(6,531 posts)At least for the moment. I see these judges bending over backwards to avoid having their decisions overturned (except Cannon--she's compromised.) It's not his fault that they filed the motion. If he had said no, what's he got to hang his hat on for that?
I think that, although almost everyone thinks that his Fani decision sucks, he chose a carefully threaded pathway designed to show fairness. Some of the things he said stung bigtime and made me angry, but at least the Appellate Court can't say much if anything about it. For Trump to continue to protest about Fani Willis is absurd. The problem is adequately solved. The Special Prosecutor is eliminated. The trial is halted until Fani hires another. The issue of a perceived impropriety is dealt with. The Judge covered everything.
So, I don't necessarily think that he's compromised. He could have kicked her whole office off the case, like Trump wanted. But, he didn't. We live another day. This isn't going to the SC--yet. Time is ticking.
captain queeg
(10,198 posts)2naSalit
(86,626 posts)Compromised jurists. I had hope that he would be unbiased... not anymore.
bluestarone
(16,941 posts)I'm thinking he could not have stopped it? TFG's lawyers would have gone to another court no matter what the judge says? Maybe i'm wrong.
IcyPeas
(21,871 posts)riversedge
(70,227 posts)Right now, I am feeling the same!!
@BleuLimousine
I am not gonna lie I am fed up with the leniency Trump continues to receive from our judicial system. No other American would be granted so much due process.
Georgia judge allows Trump to appeal Fani Willis disqualification ruling
Link to tweet
?s=20
orleans
(34,051 posts)appleannie1
(5,067 posts)orangecrush
(19,557 posts)If at all.
One more step toward dictatorship.
samsingh
(17,598 posts)meanwhile the republican judge cannon is doing everything to acquit an alleged republican criminal
littlemissmartypants
(22,656 posts)Because he's not going to pay for anything. All these appeals are by design just a way to keep up appearances.
He knows he doesn't have a snowball's chance in hell. But to keep that gravy train rolling he's got to whine about something so the rubes will donate.
Silent Type
(2,903 posts)sheshe2
(83,771 posts)and Cannons case are the most critical/ damning to date.
It is about our Democracy, period. Free and fair elections and a traitor that under his presidency put America at risk. He sold us out to the highest bidder.
He is going to fight like hell, I damn well hope that justice will prevail. In the end, I believe it will.