Georgia prosecutors plan to move forward with efforts to bring President Trump to justice before election

CNN
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Embattled Fulton County District Attorney Fani Willis plans to press ahead with her goal of bringing Donald Trump to justice before the November election, asking the judge in charge of the Georgia criminal case to do so as soon as possible. I plan to request that a trial date be set for this summer. According to three people familiar with her thinking.

Willis puts the case on hold after a two-month diversion in which he revealed embarrassing details of his private life, undermining his credibility in the eyes of Judge Scott McAfee and leaving him in a politically vulnerable position ahead of his own re-election. It’s a bold move considering the hurdles Willis faces in returning. Bid in November.

Mr. Willis narrowly avoided disqualification due to his romantic relationship with lead prosecutor Nathan Wade, but Mr. Wade resigned last Friday after a sharp rebuke from Mr. McAfee, and Mr. Wade and Mr. Willis decided to questioned in public. McAfee on Wednesday granted Trump and his co-defendants’ request to appeal, meaning Willis remains under threat of disqualification.

The Georgia Republican Party continues to investigate allegations that Willis benefited financially from his relationship with Wade. The state Senate committee may use subpoena power to unearth new information and plans to meet several more times to hear from additional witnesses.

Republican Gov. Brian Kemp last week signed into law changes that give a state commission the power to investigate Mr. Willis and to fire or sanction state prosecutors.

Mr. Willis’ solid political position has also been shaken. This month, Democrat Christian Wise Smith, a former Fulton County prosecutor and Atlanta attorney, launched a campaign to run against Willis in the May 21 primary. Courtney Cramer, a Republican lawyer who worked in the White House Counsel’s Office during the Trump administration, also joined the race.

And a Supreme Court decision on whether the former president will be fully immune from special counsel Jack Smith’s election destruction charges is looming, which could affect various criminal cases against Trump. . A high court ruling in favor of the former president could be a major blow to both criminal cases against Trump related to the 2020 election, including in Georgia. Public hearings are expected to begin in April, with a decision expected by the end of June.

Officials close to the Fulton County Attorney’s Office say the uncertainty of the federal case will not prevent McAfee from setting a trial date. The Fulton County Prosecutor’s Office said in a recent email to defense attorneys that it plans to respond to Trump’s request for immunity within two weeks of the Supreme Court’s ruling, according to people familiar with the matter.

Prosecutors say Mr. McAfee will put the immunity issue aside until the Supreme Court rules, and in the meantime prepare the Georgia case as closely as possible if the judge decides he can prosecute Mr. Trump. Mr. Willis believes he can, said people familiar with Mr. Willis’ internal thinking. The agency told CNN.

Sources close to Willis have acknowledged that the past two months have been a tumultuous one, brought about by her own actions, but also by McAfee’s defense during the disqualification process. They argue that it also played a part in how much leeway people were given to attack Willis.

“Basically, this is a two-month sideshow that the judge should not have allowed,” one of Willis’ allies told CNN. “But it’s over, the judge finally reached the right decision… and now we’re back where we should never have left, where these people were being charged with felonies. . Let’s set a date for the trial.”

Sources close to Willis told CNN that prosecutors are virtually ready to go to trial. Once the date is set, Willis says it will take only 30 days to prepare. Defense attorneys have been required to review evidence and prepare their own arguments since September.

Willis had previously requested that the trial begin in August 2024. Sources told CNN that Willis plans to make the request again now that the entire Fulton County Attorney’s Office has faced disqualification and has survived a tumultuous two months that threatened to derail the entire plan. case.

It’s unclear exactly when Willis will make his second request to McAfee to set a trial date. The Fulton County District Attorney’s Office declined to comment to CNN on this matter.

Ashley Merchant, the defense attorney who led Willis’ disbarment, was asked Wednesday night by CNN’s Laura Coates whether the defense was trying to delay the trial until after the upcoming 2024 election.

“I would love to have a trial,” Merchant said, adding that the defense has the right to have a “fair and impartial” prosecutor evaluate the case. “That didn’t happen in this case,” Merchant said.

Mr. Willis and his team acknowledge the political damage done over the past two months, but their job is to prosecute the facts of the criminal case against Mr. Trump and his co-defendants, and the political damage it will cause. He argues that there is no need to worry about negative reactions.

Former DeKalb County District Attorney Robert James, who has been closely monitoring the case, told CNN that “there was definitely damage done” even if Willis takes the case to trial before the November election. Even if they could, it could take months just to select a jury, especially in such a situation, he said. Many defendants were involved.

“Ultimately, some potential jurors who attended these hearings had negative opinions of the DA’s office and this case,” James said. “It has always been difficult to obtain a fair and impartial jury. Hearing a disqualification motion made it even more difficult.”

A person familiar with the matter told CNN that Willis and his team are concerned that the damage done will change the public perception of the Georgia incident ahead of what is expected to be a polarizing 2024 election. It is recognized that there is a possibility of a decline. But the person also expressed anger at the spectacle created during the televised hearing.

“Frankly, there are people reporting on this issue just like sports or politics,” the person said. “This deals with political activity, but there are no elections being held in the courts. Elections are being held, but no trials are being held.”

Since the disqualification ruling, Mr. McAfee has indicated he is willing to move forward, and people familiar with the case say he has asked attorneys on both sides about how to proceed with pretrial motions.

One of the sources told CNN that recent communications from McAfee included questions about which motions would require oral argument and which motions would require further clarification before making a decision. It is said to be included.

“He’s rolling up his sleeves,” one source said of McAfee.

This downplays the fallout from McAfee’s 23-page opinion last week, which amounted to a highly critical condemnation of Willis’ actions, saying his relationship with Wade was the result of “bad choices.” It’s not a thing.

McAfee wrote that Willis’ comments about the incident, which took place at an Atlanta-area church in January, were “legally inappropriate.”

He also warned Willis of the possibility of a future gag order, but said her church comments were a far cry from a jury trial and would “lead a permanent stain on the jury pool.” It doesn’t matter,” he said.

CNN legal analyst and former Georgia attorney Michael Moore questioned whether Willis should stay on the case, saying she was completely “in control” if she did. He says he needs to show it to McAfee and the public.

“There is no question that unnecessary speeding and detours hindered the progress of the incident,” Moore said. “She cannot afford to repeat unforced errors that subject her to further unfavorable comments that call into question her candor and her judgment.”