Appeals Court Judges Appointed to Decide Fate of District Attorney in Election Interference Case Against Trump
ICARO Media Group
In a significant development, three appeals court judges appointed by Republican governors will decide whether District Attorney Fani Willis should be disqualified from Fulton County's election interference case against former President Donald Trump. The Georgia Court of Appeals officially accepted the case on Monday, with oral arguments tentatively scheduled for October 4th.
The three judges randomly selected by computer to hear this high-profile appeal are Todd Markle, Trenton Brown, and Benjamin Land. Presiding Judge Yvette Miller was initially assigned to the panel but recused herself, being replaced by Judge Brown. It is worth mentioning that Judge Miller, appointed by former Democratic Governor Roy Barnes, is the first Black woman to serve on the appeals court and will be retiring at the end of the year.
Each of the three judges selected for the case has previously served as trial judges before being appointed to the appellate court. While the court usually issues decisions without oral arguments, Marietta attorney Ashleigh Merchant, who represents one of Trump's co-defendants, intends to ask for oral arguments in this case.
Importantly, the panel is not expected to issue a decision before voters cast their votes in the upcoming presidential election. However, according to the Georgia Constitution, the judges must rule on the matter within two terms of court, which means a decision would need to be reached by mid-March 2025. While the timeline may be expedited, court observers suggest that most cases are typically decided around eight and a half months after they are first docketed.
The Georgia Court of Appeals, known as one of the busiest appellate courts in the country, consists of 15 non-partisan members elected in staggered six-year terms. The current membership mostly comprises judges who were appointed by sitting governors and subsequently reelected.
The announcement of the three judges' appointment came shortly after the clerk of Fulton Superior Court transmitted thousands of pages of background documents to the appeals court. The paperwork included copies of the indictment, bond orders for the defendants seeking an appeal, prior court filings, and rulings from Judge Scott McAfee. Additionally, transcripts of the February evidentiary hearing, featuring testimonies from both Willis and former special prosecutor Nathan Wade, were sent to the court.
Judge McAfee had previously ruled in March, allowing Willis to remain on the case if Wade left the prosecution. Despite Wade's resignation, the defendants argued that Willis still had a conflict of interest, leading them to appeal McAfee's ruling. Last month, the appeals court agreed to take up the matter, with the panel tasked with determining the correctness of McAfee's legal conclusions rather than collecting new evidence.
Responding to the development, Trump's lead Atlanta attorney, Steve Sadow, expressed anticipation in presenting their arguments to the three judges as to why Willis should be removed from the case. This decision by the appeals court will undoubtedly have significant implications for the ongoing election interference case against the former president.
As the legal battle unfolds, all eyes will be on the three appointed judges, who will play a pivotal role in determining the future of District Attorney Fani Willis and the high-profile case against Donald Trump.