Willis had wanted to start the trial against Trump this month. Instead, she must wait until 2025 for the Court of Appeals to decide whether she and her office must be disqualified because of her relationship with a deputy. Is it a conflict of interest?
“It’s not like the case is doomed, it’s just crippled and the prosecution gave the defense all the ammunition they needed to do it,” one outside defense attorney told us. “As a consequence, justice delayed may be justice denied.”
Lots of questions about when Fulton trial may start. DA's office had asked for August start date but that seems highly unlikely.
One thing that needs to be resolved first: Trump's presidential immunity fight at the U.S. Supreme Court, to be argued in late April
In a recent email to defense attorneys, Fulton prosecutors said they planned to respond to Trump’s immunity claim within two weeks of the Supreme Court’s decision. That means it could be late June or even July before the DA’s office responds
And then there are Trump's three other criminal cases. If SCOTUS rejects Trump's presidential immunity claim, the federal election case is expected to proceed to trial before the Georgia case, which could put us into the fall. And then we have the election.
Lots of folks have been asking whether Judge McAfee's ruling yesterday striking 6 of the 41 counts in the Fulton indictment means the Trump-Raffensperger phone call is no longer an active issue in the case. That's not true 1/
Trump still faces a false statements charge for 13 things he said during that recorded Jan. 2, 2021 phone call. The statements total more than a page in the indictment. From the document:
The phone call - via the alleged false statements to Raffensperger - is also listed as an overt act under the broader racketeering charge, which is still very much alive
Coming at 1 pm: closing arguments from Fulton election defendants who are arguing that DA Fani Willis should be disqualified from the case. We're also expecting both sides to try and submit additional evidence, incl text messages, cell records and an affidavit
Among today's spectators: Scott Grubman, an attorney who represented defendant-turned-witness Ken Chesebro. Former Dekalb CEO and gubernatorial candidate Vernon Jones is also back
Greetings from the Fulton County Courthouse. We’re awaiting a 9:30 hearing before Judge Scott McAfee about whether DA Fani Willis’ relationship with special prosecutor Nathan Wade is a disqualifying conflict
Read my thread with the backstory and what to expect today
The evidentiary hearing has the potential to set Fulton DA Fani Willis’ sprawling election interference case back on track — or deal it a crippling blow
On deck Thursday morning: an evidentiary hearing in Fulton County that could make or break the Trump election interference case. Here are some of the dynamics we're watching for🧵
This hearing before Superior Court Judge Scott McAfee is 5+ weeks in the making.
He's considering a motion filed by Ashleigh Merchant, attorney for defendant Mike Roman. She's calling for the Fulton DA's office to be removed from the case + charges against Roman to be dropped
For those who'd rather read in story form, here's my preview of what to expect tomorrow:
New: Fulton special prosecutor Nathan Wade accusing defendant Mike Roman of abusing the legal system, going on a fishing expedition by subpoenaing his personal and law firm bank records.
"Roman did this not for relevancy, but to harass, bully, oppress, and intimidate" opponents
Roman recently subpoenaed Wade, DA Willis + colleagues to testify at a Feb. 15 hearing re: his motion to disqualify them from the election interference case
Roman also subpoenaed financial records involving Wade, his firm from Synovus Bank ajc.com/politics/fulto…
Wade says the docs Roman is seeking from Synovus are irrelevant because they "have no connection to the criminal charges against Roman."
Wade also accuses Roman of hiding the subpoena by sending a copy only to Synovus