In the recent development of the Georgia election interference case, Judge Scott McAfee has allowed the defendants to move forward with their immediate interlocutory appeal. This occurrence has the potential to add delays to the forthcoming trial, pending the decision of the Georgia Court of Appeals. If the court decides to hear the appeal and pause the case, the trial might not resume until after the election, or possibly never at all, should the plans of former President Donald Trump go as expected.
Just last week, Judge Scott McAfee refused Trump’s effort to disqualify Fulton County District Attorney Fani Willis from the Georgia RICO case. Despite rejecting Trump’s claim that DA Willis’ personal relationship with special prosecutor Nathan Wade posed an actual conflict, the court admitted the apparent conflict necessitated Wade’s dismissal.
The defendants utilized the judge’s remarks about the “‘odor of mendacity'” regarding DA Willis’ manner of conduct when they requested a certificate of immediate review. This would permit them to seek an interlocutory appeal – an appeal they argue is both prudent and warranted, given the impact on the defendants’ rights and the lack of precedent on key issues from higher courts.
Their request was granted yesterday when Judge McAfee issued the certificate, allowing them to put their case before the appeals court. The aim being to completely disqualify the Fulton County District Attorney’s Office from the case.
However, Judge McAfee expressed his intent to proceed with the case unless directed otherwise and will continue to address the numerous unrelated pre-trial motions, irrespective of whether the petition is approved within 45 days or if the appeal is expedited by the court.
From the above, it’s clear the case continues to shape-shift with former President Trump still attempting to avoid legal troubles with the alleged infractions regarding the election case. And while Judge McAfee may no longer be viewed as a RINO resistance hero, he remains as a stalwart of conservative ideals, pushing through with his principles, a testament to the resilience of democracy.
Liz Dye is a Baltimore-based journalist who produces the Law and Chaos substack and podcast.