When Atlanta Judge Scott McAfee ruled recently in the Fani Willis decision TechnoFog noted, “Judge McAfee rules that only one potential liar can prosecute the case – but not both potential liars. Instead of curing the “appearance of impropriety”, it allows it to continue. If Nathan Wade goes, why can Fani Willis stay? McAfee doesn’t give an answer.”
To chase down this judicial question, lawyers representing President Trump and seven co-defendants, collectively accused of RICO conspiracy, today asked McAfee to issue a certificate of immediate review of his order denying disqualification of Fani Willis.
The certificate, if issued, would allow the defendants to seek an immediate appeal of the order. Because in order for President Trump to appeal the order denying disqualification prior to trial, the defendants must obtain a certificate of immediate review within 10 days from the date of the order. Today Trump’s lawyers asked for that certificate. [pdf of motion HERE]
(VIA NBC) – […] It’s important to note that there isn’t an automatic right to appeal at this stage. Rather, McAfee would need to grant permission to do so within 10 days of his ruling, and then the state appeals court would need to agree to hear the case. If that happens, it could bring yet more delay to the prosecution that doesn’t even have a trial date yet and has already been sidetracked by the disqualification motion that led to McAfee’s ruling.