Trump files new motion to have Willis removed from case

 March 19, 2024

In what could become a nightmare for Fulton County District Attorney Fani Willis, one of former President Donald Trump's lawyers moved to have her disqualified from his case. 

According to Breitbart, Steve Sadow serves as Trump's lead attorney in Georgia, and he filed a motion on Monday seeking Willis' removal.

"The court’s order is ripe for pretrial appellate review"

"President Trump and seven defendants have jointly filed a motion requesting the court to grant a certificate of immediate review of its order denying dismissal of the case and disqualification of Fulton County DA Willis," Sadow said in a statement.

"The motion notes that the court found that Willis' actions created an appearance of impropriety and an 'odor of mendacity' that lingers in this case, but it nonetheless refused to dismiss the case or disqualify her," he added.

"The motion further notes that the court found Georgia case law lacks controlling precedent for the standard for disqualification of a prosecuting attorney for forensic misconduct. For these reasons among others, the court’s order is ripe for pretrial appellate review," Sadow concluded.

Sadow was referring to Judge Scott McAfee's ruling last week that Willis could continue to prosecute Trump provided that her lover Nathan Wade left the case, something which he has done.

The lawyer recalled how McAfee took Willis to task for casting "racial aspersions" on Trump co-defendant Mike Roman while speaking at a church in Atlanta earlier this year.

"Resignation of Mr. Wade is insufficient"

"The Court also found that District Attorney Willis' nationally televised speech at Big Bethel AME Church on January 14, 2024 was "legally improper," idat 20, but declined to disqualify her on the basis of this forensic misconduct (and the other forensic misconduct proven by Defendants), noting in particular a lack of guidance in Georgia caselaw for the standard for disqualification of a prosecuting attorney for forensic misconduct," Sadow's motion reads.

It adds that "relevant case law requires dismissal of the case, or at the very least, the disqualification of the District Attorney and her entire office under the facts that exist here, and the resignation of Mr. Wade is insufficient to cure the appearance of impropriety the Court has determined exists."

"Given these facts and the current state of the case law, the Court of Appeals should speak definitively to this outcome-determinative issue now," the motion insists. 

Meanwhile, a legal expert recently told Newsweek that being removed from Trump's case may not be Willis' only concern.

Lawyer says Willis may not enjoy immunity for church speech

In an interview with the publication, New York-based attorney Colleen Kerwick suggested that Trump may have grounds to file a defamation suit against Willis.

She cited Georgia's 1983 constitution, which provides that "district attorneys shall enjoy immunity from private suit for actions arising from the performance of their duties."

Kerwick noted that a court may find Willis' professional immunity did not cover remarks she made during her church speech.

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