Fulton county prosecutors asked the Georgia state court of appeals on Monday to reject Donald Trump’s request to consider his claim that the district attorney should be disqualified over a relationship with her deputy, arguing that the matter was correctly settled by the lower court judge.
“The present application merely reflects the applicants’ dissatisfaction with the trial court’s proper application of well-established law to the facts,” prosecutors wrote in a 19-page filing.
Trump was charged alongside more than a dozen associates last year with racketeering over his efforts to overturn the 2020 election. As part of their bid to dismiss the case, Trump and his co-defendants alleged the district attorney Fani Willis’s relationship meant she should be recused from the case.
The effort to have Willis disqualified – which could have also resulted in the entire Fulton county district attorney’s office being disqualified – failed after the presiding judge decided, following days of evidentiary hearings, that Trump and his co-defendants did not prove a conflict of interest.
The judge nonetheless ruled the relationship gave the appearance of a conflict, which needed to be addressed. For Willis to continue bringing the case, the judge ordered, her deputy Nathan Wade needed to resign from the district attorney’s office. Wade resigned later that evening.
Trump and his co-defendants challenged the ruling last week, arguing to the Georgia state court of appeals that it should clarify the standard for forensic misconduct standard that would require Willis to step down and that the lower court judge should have found there was actual conflict of interest.
The Georgia state court of appeals does not have to hear the case and prosecutors on Monday contended that Trump had failed to establish sufficient cause because he did not convincingly show his claims met several specific conditions.
Broadly, an order from a lower court is deemed reviewable if the issue at hand is dispositive for the case, if the order appears wrongly decided on the facts and would adversely affect a defendant’s rights, or if it was a novel issue for which the appeals court should create a precedent.
The filing from prosecutors argued Trump’s motion was deficient since the lower court found there was no evidence that the Willis-Wade relationship meant they had a “disqualifying personal interest” in bringing or continuing the Trump case, meaning there was also no due process violations.
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It also argued the Georgia state court of appeals has previously decided that in the absence of an “actual” conflict, as opposed to the appearance of one, a lower court could not be deemed as having made a clearly unreasonable or erroneous ruling by deciding not to disqualify a defense attorney.
The filing added that even if there was some conflict, the issue had been resolved because the lower court allowed Willis to continue prosecuting the case as long as Wade resigned. “This court has sanctioned this same remedy as a cure for the potential appearance of impropriety,” prosecutors wrote.
Source: Elections - theguardian.com
