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    Fani Willis to Appeal Judge’s Decision to Quash Charges in Trump Georgia Case

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    Thursday’s legal filing by Fani Willis creates a second substantive set of issues that must now be considered by the Georgia Court of Appeals before the election case can go to trial.Fani T. Willis, the lead prosecutor in the Georgia election interference case against former President Donald J. Trump and 14 of his allies, said on Thursday that her office would appeal a judge’s decision earlier this year to throw out six of the dozens of counts in the sprawling indictment.Thursday’s legal filing by Ms. Willis, the Fulton County district attorney, creates a second substantive set of issues that must now be considered by the Georgia Court of Appeals before the election case can go to trial. This month, the court agreed to hear the appeal of another ruling by the judge, Scott McAfee, that allowed Ms. Willis to remain on the case despite defense lawyers arguing that she should be disqualified.Ms. Willis’s decision to file the appeal was yet another indication that the closely watched election interference case was unlikely to go to trial before the upcoming presidential election. “In some ways it’s an implicit concession that it’s not going to happen before November,” said Anthony Michael Kreis, a law professor at Georgia State University who has been following the case closely.A spokesman for the district attorney’s office declined to comment on the filing on Thursday.The original indictment, which was handed up by a grand jury in August, included 41 counts against Mr. Trump and 18 co-defendants. Four of those co-defendants have since pleaded guilty.In March, Judge McAfee, of Fulton County Superior Court, quashed six of the charges for lacking sufficient detail. Those charges asserted that Mr. Trump and other defendants had solicited public officials to break the law by violating their oaths of office.For example, one count against Mr. Trump said that he “unlawfully solicited, requested and importuned” the Georgia secretary of state, Brad Raffensperger, to violate his oath of office by decertifying the election. Judge McAfee ruled at the time that the six charges “do not give the defendants enough information to prepare their defenses intelligently.”Though the quashing of the six charges was a setback for prosecutors, it left intact the most important element of the indictment: the state racketeering charge that was brought against all of the defendants.It is unclear how much more time it will take for the appellate court to handle Ms. Willis’s appeal, but legal experts have said that the appeal of the disqualification matter alone could take months.Defense lawyers in the case had argued that Ms. Willis should be disqualified from prosecuting it on the grounds that she had created an untenable conflict of interest when she engaged in a romantic relationship with Nathan J. Wade, a lawyer she had hired to manage the prosecution team.Judge McAfee ruled in March that Ms. Willis could keep the case if Mr. Wade stepped away from it. Mr. Wade resigned hours after the judge issued his ruling. More

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      Georgia Appeals Court to Weigh Whether Trump Prosecutor Should Be Disqualified

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      The decision to hear the appeal reopens the possibility that Fani T. Willis, the Fulton County district attorney, could be disqualified from prosecuting Donald Trump and 14 allies over efforts to overturn the 2020 election.The Georgia Court of Appeals will hear an appeal of a ruling that allowed Fani T. Willis, the district attorney in Fulton County, to continue leading the prosecution of former President Donald J. Trump on charges related to election interference, the court announced on Wednesday.The decision to hear the appeal, handed down by a three-judge panel, is likely to further delay the Georgia criminal case against Mr. Trump and 14 of his allies, making it less likely that the case will go to trial before the November election.The terse three-sentence announcement reopens the possibility that Ms. Willis could be disqualified from the biggest case of her career, and one of the most significant state criminal cases in the nation’s history.At issue is a romantic relationship she had with Nathan Wade, a lawyer she hired to handle the prosecution of Mr. Trump. Defense lawyers argued that the relationship amounted to an untenable conflict of interest, and that Ms. Willis and her entire office should be removed from the case.But on March 15, Judge Scott McAfee of Fulton County Superior Court ruled that Ms. Willis could keep the case if Mr. Wade stepped away from it. Mr. Wade resigned a few hours after judge issued his ruling.Steven H. Sadow, the lead counsel for Mr. Trump in Georgia, said in a statement Wednesday that his client “looks forward to presenting interlocutory arguments to the Georgia Court of Appeals as to why the case should be dismissed and Fulton County D.A. Willis should be disqualified for her misconduct in this unjustified, unwarranted political persecution.”A spokesman for Ms. Willis’s office declined to comment on the appeals court’s action. More

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      Fani Willis Hangs Onto Trump Case, but More Turbulence Lies Ahead

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      A fresh array of problems are in store for Ms. Willis and her prosecution of Donald Trump, one of the most significant state criminal cases in American history.After revelations of Fani T. Willis’s romance with a subordinate sent the Georgia criminal case against Donald J. Trump down a two-month detour worthy of a soap opera, a judge’s ruling on Friday resolved a major cliffhanger. Ms. Willis could continue prosecuting the case, so long as her ex-boyfriend withdrew from it.But the resignation hours later of the former boyfriend, Nathan J. Wade, whom Ms. Willis hired as a special prosector, only settled so much. A fresh and complicated array of problems lies ahead for Ms. Willis, and for one of the most significant state criminal cases in American history.“Her troubles are far from over,” Clark D. Cunningham, a law professor and ethics specialist at Georgia State University, said in an email on Friday.The defense effort to disqualify Ms. Willis began in early January, upending the case and making it unlikely to reach trial before the November rematch between Mr. Trump and President Biden. Any attempts to appeal Friday’s ruling by Judge Scott McAfee of Fulton County Superior Court could delay matters even further.Republicans have smelled blood. The G.O.P. lawmakers who dominate Georgia politics have created new ways to investigate Ms. Willis, which could potentially lead to her removal from office. And last week, a young lawyer named Courtney Kramer, a former intern in the Trump White House, announced that she would run against Ms. Willis in this year’s race for district attorney.Ms. Kramer’s campaign, while unlikely to succeed in heavily Democratic Fulton County, could amplify criticism of Ms. Willis and the case, which charges Mr. Trump and some of his allies with conspiring to overturn his 2020 election loss in Georgia.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Highlights of the Judge’s Ruling on Fani Willis in the Georgia Trump Case

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      A judge overseeing the criminal election interference case against former President Donald J. Trump in Georgia declined on Friday to disqualify the district attorney leading the prosecution, Fani T. Willis, over a romantic relationship she had with the lawyer she hired to manage the case, Nathan J. Wade.But even as the judge, Scott McAfee of Fulton County Superior Court, rejected the claim by one of Mr. Trump’s co-defendants, Mike Roman, that the relationship raised an actual conflict of interest by giving Ms. Willis a financial stake in the case, the judge also ruled that it raised “a significant appearance of impropriety.”The judge gave her two choices: either Mr. Wade leaves her prosecution team, or she and her office must step aside from the case.Here are highlights from the 23-page ruling:A combination of factors raises a legitimate question.Alone, each of the two main issues raised by the defense — that Mr. Wade is being paid by the hour, and that two members of the prosecution team were having a relationship — would not be a problem. But combined, they raise an deeper issue, the judge wrote.Financial gain was neither proven nor shown to be a motivating factor.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Judge Quashes Six Charges in Georgia Election Case Against Trump

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      The ruling said charges that Donald Trump and allies solicited public officials to break the law were not specific enough; it left the rest of the case intact.In a surprise move on Wednesday, a judge in Atlanta quashed six of the charges against former President Donald J. Trump and his allies in the sprawling Georgia election interference case, including one related to a call that Mr. Trump made to pressure Georgia’s secretary of state in early January 2021.The judge, Scott McAfee of Fulton Superior Court, left intact the rest of the racketeering indictment, which initially included 41 counts.The ruling was not related to a defense effort to disqualify Fani T. Willis, the district attorney of Fulton County, Ga., who is leading the case. A ruling on that matter, which has made headlines for weeks after it was revealed that Ms. Willis had engaged in a romantic relationship with another prosecutor, is expected by the end of the week.The nine-page ruling on Wednesday took aim at charges asserting that Mr. Trump and other defendants had solicited public officials to break the law. For example, one count against Mr. Trump said that he “unlawfully solicited, requested and importuned” the Georgia secretary of state, Brad Raffensperger, to violate his oath of office by decertifying the election.“These six counts contain all the essential elements of the crimes but fail to allege sufficient detail regarding the nature of their commission,” Judge McAfee wrote in his ruling. “They do not give the Defendants enough information to prepare their defenses intelligently, as the Defendants could have violated the Constitution and thus the statute in dozens, if not hundreds, of distinct ways.”A spokesman for the district attorney’s office declined to comment on the ruling.Mr. Trump and his former personal lawyer, Rudolph W. Giuliani, had faced the most charges, at 13 apiece. They now each face 10 charges in the Georgia case.Anthony Michael Kreis, a law professor at Georgia State University, said that the ruling does not weaken the state racketeering charge that remains, and that is central to the case. That charge is based on “overt acts” that are detailed in the indictment, and the judge was explicit in stating that Wednesday’s order does not affect these acts.He said that the prosecution could choose to take the loss on these lesser counts, or appeal the judge’s order, or reintroduce versions of the challenged charges to a grand jury with more specifics.The judge’s order reduced the number of charges against Mr. Trump, as well as co-defendants Rudy Giuliani, John Eastman, Mark Meadows, Ray Smith III, and Robert Cheeley. More

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      Prosecution of Trump in Georgia Hangs in Balance at Hearing

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      Lawyers will sum up their arguments on Friday about whether Fani Willis, the Fulton County district attorney, has a conflict of interest and should be disqualified.A judge in the Georgia election interference case against former President Donald J. Trump is scheduled to hear final arguments on Friday on a motion to disqualify the prosecutor who brought the case, Fani T. Willis, on the ground that a romantic relationship she had with a subordinate created a conflict of interest.The presiding judge, Scott McAfee of Fulton County Superior Court, is not likely to rule on the matter on Friday. Rather, the hearing, which is scheduled to start at 1 p.m., will allow lawyers from the two sides to sum up their arguments over a salacious subplot to the election case — one that has already caused significant embarrassment and turmoil for Ms. Willis, the Fulton County district attorney. Details of her personal life have been spilled out in the Atlanta courthouse where she had hoped to put Mr. Trump and 14 co-defendants on trial as soon as this summer.The stakes are high: If Ms. Willis is disqualified from the case, her entire office would be, too, and the case would probably be turned over to a district attorney from another jurisdiction. The new prosecutor could choose to continue the case as planned, modify the charges or drop them.Disqualification would reduce the chances that a trial would begin before the November presidential election, in which Mr. Trump is expected to be the Republican nominee.The relationship between Ms. Willis and Nathan Wade, an Atlanta-area lawyer she hired in November 2021 to manage the prosecution team, first came to light in January, in a motion filed by a lawyer for one of Mr. Trump’s co-defendants.The presiding judge, Scott McAfee of Fulton County Superior Court, is not likely to rule on the matter on Friday.Pool photo by Brynn AndersonWe are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Testimony to Resume as Trump and Georgia Co-Defendants Seek D.A.’s Removal

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      A judge wants to hear more from a key witness as he weighs whether Fani T. Willis, the prosecutor who brought the case, has a disqualifying conflict of interest.The judge overseeing the Georgia election interference case against former President Donald J. Trump has ordered a key witness back to the stand, as the judge weighs whether Fani T. Willis, the prosecutor who brought the case, has a disqualifying conflict of interest.The witness is Terrence Bradley, the former divorce lawyer and law partner of Nathan Wade, whom Ms. Willis hired to manage the Trump case. The ruling on Monday by Judge Scott McAfee of Fulton County Superior Court is a victory for Mr. Trump and his 14 co-defendants, as they seek to have Ms. Willis, Mr. Wade and Ms. Willis’s entire office removed from the high-stakes case.The defense questioned Mr. Bradley during a court hearing earlier this month, in an attempt to find out whether Mr. Wade and Ms. Willis were being truthful about key details of a romantic relationship that developed between them, including their assertion that the romance began after Mr. Wade began working for Ms. Willis in November 2021.Mr. Bradley declined at that time to answer questions related to what he knew about the romance, citing attorney-client privilege and other rules that shield lawyers from having to disclose communications with clients.But the judge told the lawyers in the case in an email on Monday that “the court believes that the interested parties did not meet their burden of establishing that the communications are covered by attorney-client privilege, and therefore the hearing can resume as to Mr. Bradley’s examination.”Mr. Bradley could be called back to the stand to testify as soon as Tuesday afternoon, according to a number of people familiar with the case.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      D.A. Denies Improper Relationship With Special Trump Prosecutor

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      Defense lawyers argue a romance between the Fulton County district attorney, Fani T. Willis, and the special prosecutor she hired to handle the election interference case in Georgia should disqualify them. A case charging former President Donald J. Trump and his allies with trying to subvert the 2020 election results in Georgia took a detour on Thursday into the details of the prosecutors’ romantic and financial lives — their sleeping arrangements, vacations and private bank accounts — in an unusual and highly contentious hearing.Lawyers for Mr. Trump and his co-defendants have argued that the Fulton County district attorney, Fani T. Willis, and the special prosecutor she hired to manage the case, Nathan J. Wade, should be disqualified from the case because their romantic and financial entanglements had created a conflict of interest. Ms. Willis and Mr. Wade forcefully rejected those accusations in testimony on Thursday, with Ms. Willis accusing the defense lawyers of spreading “lies.”“You think I’m on trial,” Ms. Willis told Ashleigh Merchant, a lawyer for Michael Roman, a former Trump campaign official who is a co-defendant in the case. “These people are on trial for trying to steal an election in 2020. I’m not on trial, no matter how hard you try to put me on trial.”The hearing, in Fulton County Superior Court, was a remarkable turn of events, as the prosecutors who have accused Mr. Trump of trying to invalidate election results were grilled by the defense lawyers about the trips they took together, their breakup and who paid for their meals and hotels. Ms. Willis took the stand after her former friend, Robin Bryant-Yeartie, testified that Ms. Willis and Mr. Wade began a romantic relationship in 2019, before Ms. Willis hired him in November 2021. Ms. Bryant-Yeartie said that it was still going on when she and Ms. Willis last spoke in 2022, just before they had a falling out.Ms. Willis and Mr. Wade forcefully rejected accusations in testimony on Thursday.Pool photo by Alyssa PointerWe are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      What Happens if Fani Willis Is Disqualified From the Trump Case?

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      The stakes will be high on Thursday when a judge in Atlanta seeks to determine whether the Fulton County district attorney, Fani T. Willis, should be disqualified from leading the prosecution of former President Donald J. Trump on election interference charges.If Judge Scott McAfee determines that Ms. Willis has a conflict of interest because of her romantic relationship with the prosecutor she hired to manage the case, and that it merits disqualification, his decision would, by extension, disqualify her entire office.The case would then be reassigned to another Georgia prosecutor, who would have the ability to continue with the case exactly as it is, make major changes — such as adding or dropping charges or defendants — or to even drop the case altogether. The latter decision would end the prosecution of Mr. Trump and his allies for their actions in Georgia after the 2020 election, when the former president sought to overturn his loss in the state.It would be up to a state entity called the Prosecuting Attorneys’ Council of Georgia to find someone else to take up the case. More specifically, the decision would fall to the council’s executive director, Pete Skandalakis, an experienced former prosecutor.In an interview on Wednesday, Mr. Skandalakis said that he could ask a prosecutor to take on the Trump case voluntarily. But he could also appoint a prosecutor to do the job — whether they wanted to or not.Mr. Skandalakis said he could also try to find a lawyer in private practice to replace Ms. Willis. But that is an unlikely scenario, he said, because he could only pay such a lawyer roughly $70 per hour.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More