Georgia District Attorney Fani Willis’ election interference case against Donald Trump and 13 others rumbles on behind the scenes — even as she may be disqualified from prosecuting it.
Fulton County Superior Court Judge Scott McAfee determined Tuesday he can still hash out pretrial motions in cases related to six defendants, while the Georgia Court of Appeals weighs an appeal over whether Willis, a Democrat, should be disqualified.
The move can be considered a small victory for Willis, as it brings the cases closer to trial.
“The undersigned therefore believes that the six Defendants [are] not parties to the interlocutory appeal ([John] Eastman, [Ray] Smith, [Shawn] Still, [Steve] Lee, [Trevian] Kutti, and [Misty] Hampton) do not fall within the order’s command,” McAfee wrote.
However, last week the appeals court pumped the brakes on proceedings against the biggest names associated with the case, including former President Trump, Michael Roman, David Shafer, Mark Meadows, Cathleen Latham, Rudy Guiliani, Jeffrey Clark, and Harrison Floyd.
The appeals court is weighing a challenge seeking to disqualify Willis due to her “improper” affair with the former top prosecutor in the case, Nathan Wade.
Back in March, McAfee ruled either Willis or Wade could remain on the case if the other resigned. Wade stepped down the same day. However, that decision drew appeals from multiple defendants.
McAfee noted Tuesday if the six defendants still subject to advancements on pretrial motions still want a reprieve, then they should reach out to the appeals court.
Due to the appeals process, the trial start date in Trump’s 10-count indictment out of Fulton County is now expected to take place sometime after the Nov. 5 presidential election.
The appeals court is slated to hear the challenge to Willis’ suitability for the case on Oct. 4.
Technically no trial start date has been set in Trump’s Fulton County indictment, nor in the 40-count Mar-a-Lago document indictment, nor in the federal 2020 election subversion case.
Trump, 77, has denied wrongdoing and pleaded not guilty in all 54 pending charges against him. He is slated to face sentencing on July 11 for the 34-count hush money conviction handed down last month.
Willis has also become subject to multiple investigations in the Georgia state legislature and from Republicans in Congress looking into potential issues of federal funds.
Critics have scrutinized Wade’s lavish vacations and alleged expensive gifts to Willis after he was hired.
Both Willis and Wade denied that their tryst began before his hiring in November 2021 and that funds were misused. However multiple witnesses have come forward with claims to the contradictory.
Roman, a Republican operative, brought those accusations forward several months ago.