Even as an appeals court considers whether to disqualify District Attorney Fani Willis from the prosecution, Superior Court Judge Scott McAfee said on Monday that he would remain taking into consideration some judicial movements in the Fulton County election disturbance case.
Next week, the Georgia Court of Appeals , issued a sit on the lower court’s work , until it decides whether Willis and her company may remain removed from the case. McAfee claimed in a two-page order that he believed he could proceed working his way through the six case accused ‘ pending requests who are not taking the appeal.
According to McAfee, he does n’t think a complete stay is the most effective course. He added that “any group who disagrees is encouraged to seek clarification immediately with the Court of Appeals.”
The Georgia situation appeared to be in purgatory until at least this fall following the appeals court’s attempt. McAfee’s answer suggests that he will try to get through at least some of the pending issues, though the overlap of a lot of that job does stifle his work.
McAfee’s get seems to affect accused John Eastman, Ray Smith, Shawn However, Stephen Lee, Trevian Kutti and Misty Hampton. Nine other plaintiffs, including former President Donald Trump and former White House Chief of Staff Mark Meadows, have signed onto the , expulsion appeal.
A , three- determine panel , on the , appeals court , is considering whether to replace Willis and her business from the racketeering case because of her , romance with Nathan Wade, the exterior attorney she hired as a Trump specific prosecutor. The jury is also considering an appeal from the DA’s office, which wants to restore six of the criminal counts McAfee had dismissed.
Hampton requested that McAfee’s attempt be stayed, but Hampton requested it on Monday. Her attorney, John Monroe, argued that since Willis does end up being removed, as” a matter of criminal market, it does not make feeling to be some of the trials, but not all, in the same situation”.
But McAfee, who recently , won a complete, four- year name on the chair, said that excluded a complete termination of the case, the prosecution will still be in place perhaps if Willis is disqualified. That leaves” several statutory and constitutional challenges awaiting resolution,” many of which are fully explained, argued, and may also benefit from appellate review.
Once all pretrial motions are resolved, Hampton, according to the judge, may rescind her request.
A Willis spokesman declined to comment.
The remaining defendants ‘ attorneys are pursuing requests to remove the racketeering charge from the indictment, as well as challenges to the Constitution’s Supremacy Clause and double jeopardy, and to change the trial’s location for jury selection.
Early on Monday, Trump’s Atlanta legal team , asked the appeals court to hold oral arguments , on the Willis disqualification push. If the judges agree, they are expected to hold a live- streamed hearing , this fall , and issue their decision before a mid- March deadline.
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