The court has set the date for oral arguments on October 4th, which is just a month before the 2024 presidential election. It’s important to note that Trump is the presumptive Republican nominee.
Judges Trenton Brown, Todd Markle, and Benjamin Land, appointed by Republican governors, will be hearing the arguments. These three judges were chosen at random among 15 appeal court judges.
In a statement obtained by NBC News, Steven Sadow, Trump’s lawyer, expressed his anticipation of presenting arguments before Judges Brown, Markle, and Land. He emphasized their intention to highlight the reasons for dismissing the case and disqualifying Fulton County DA Willis. Sadow cited the trial court’s acknowledged “odor of mendacity” misconduct, which violates the Georgia Rules of Professional Conduct.
On May 8th, Trump’s legal team submitted an appeal following Judge Scott McAfee’s decision on March 20th, which stated that the case would proceed and Willis would continue as the prosecutor.
Although the judge did not identify any “actual conflict,” they did determine that a reasonable observer could potentially perceive a conflict of interest. This perception has the potential to erode public trust in the prosecution, as stated by the ruling.
Within hours of McAfee stating that either Willis or Wade needed to step down from the case, he himself announced his resignation.
The court’s discovery is not to be interpreted as an endorsement of either the District Attorney’s unprofessional testimony during the evidentiary hearing or the significant error in judgment that was made. The judge believes that under Georgia law, a finding of a genuine conflict cannot be based solely on making poor choices, even if they occur repeatedly. Therefore, it is incumbent upon the trial court to focus on the pertinent matters and the relevant laws that have been properly presented before it.
Before the trial begins, McAfee has permitted the defense to file an appeal because the matter is deemed crucial to the case and requires immediate review.
State racketeering charges related to the attempts to overturn the 2020 election have been brought against Trump and 18 others. As part of deals with prosecutors, four co-defendants have pleaded guilty, while the remaining 15, including Trump, have pleaded not guilty.
There has been no response from Willis’ office regarding the scheduling of the appeal.