Trump lawyer calls state Supreme Court justice's opinion a 'death knell' for Georgia case

By 
 August 29, 2024

For the better part of a year, former President Donald Trump and a group of associates have faced racketeering charges in Georgia over their actions following the 2020 election.

Yet according to the former president's defense attorney, a dismissal of those charges could be on the horizon.

Fani Willis alleged racism in January speech at Atlanta church

At issue are allegations of racism put forward by Fulton County District Attorney Fani Willis during a speech at Atlanta's Big Bethel AME Church this past January.

Willis asserted that the defendants were only raising objections to her hiring of boyfriend Nathan Wade because he is African American.

Meanwhile, Fox News reported that bank statements produced by Wade's then-estranged wife, Joycelyn Wade, show he paid himself and Willis to take multiple trips.

According to Joycelyn Wade's attorney, there "appears to be no reasonable explanation for their travels apart from a romantic relationship."

Trump lawyer calls state Supreme Court justice's opinion a "death knell"

As Newsweek noted, Trump defense lawyer Steven Sadow submitted a filing on Monday in which he argued that the former president's charges should be dismissed.

Sadow cited a 1981 opinion from former Georgia Supreme Court Justice Harold Nelson Hill, who wrote, "[B]efore a trial, the court should be sensitive to the potential for prejudice to the defendant."

"I believe that a trial court should disqualify the state's attorney if his continued presence in the case would cause a reasonable potential for prejudice to the defendant," Hill argued.

"It would not require a showing of actual, or likely, harm. Rather, the trial court would focus on the possibility of an unfair trial," the state Supreme Court justice continued.

"Yet, this rule would place the burden on defendants of demonstrating some real, not imagined, chance of prejudice," Hill went on to add.

Little chance that trial will begin before November election

In his filing this week, Sadow stated, "Here, even Hill's 'reasonable potential for prejudice' pretrial standard is
easily met."

"With nationwide slanderous media coverage on every available network, appellants have shown that there is not only a 'real chance,' but a substantial probability, for unfair treatment during the trial process,"  Sadow insisted.

Newsweek observed that even if Trump's case is not dismissed, the chance of any trial taking place before this year's election appears remote.

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Thomas Jefferson