Trump Georgia case: Prosecutors ask court to dismiss appeal seeking DA’s disqualification

FULTON COUNTY, Ga. — The Fulton County District Attorney’s Office on Wednesday asked a court to dismiss an appeal of a decision that allowed District Attorney Fani Willis to continue prosecuting the case against former President Donald Trump and others accused of shcheming to overturn Georgia’s 2020 presidential election results.

Attorneys filed the appeal last month after Fulton County Judge Scott McAfee ruled that Willis could stay on the case if special prosecutor Nathan Wade resigned. The pair admitted to having had a romantic relationship that defense attorneys said created a conflict of interest.

Attorneys for Trump and his co-defendants argued that Willis “obtained a personal stake in the prosecution of this case by financially benefiting from her romantic relationship with Special Assistant District Attorney … Nathan Wade, whom she personally hired to lead the State’s prosecution team,” WSB-TV reported.

Prosecutors moved for a dismissal Wednesday, citing a “lack of sufficient evidence,” according to the news station.

In a court filing obtained by The Washington Post, prosecutors said that the ruling’s challengers were pushing a theory that is “not supported by the actual evidence provided” to support their appeal.

“Appellants argued that the case was initiated, and then unnecessarily prolonged, in order for the District Attorney to enrich herself via Wade’s employment,” according to the filing. “The trial court found that Appellants’ chosen theory could not be supported by the evidence.”

Prosecutors asked that the appeal “be dismissed as improvidently granted.”

In a statement obtained by WSB, Trump attorney Steve Sadow called the filing “a last-ditch effort to stop any appellate review of DA Willis’ misconduct.”

“The State’s motion deliberately failed to mention that Judge McAfee’s ruling stated an ‘odor of mendacity remains’ from the hearing testimony by the DA and the State’s witnesses,” he said. “The judge also said there were ‘reasonable questions’ as to whether Willis and former prosecutor Wade testified untruthfully.”

In his March ruling, McAfee acknowledged that Wade and Willis demonstrated a “tremendous lack of judgment,” though he said the evidence did not show “actual conflict” that would require Willis to exit the case if Wade agreed to resign. The special prosecutor submitted his resignation later that day.

Trump and his attorneys subsequently said Wade’s resignation was “insufficient to cure the appearance of impropriety the court has determined exists.”

Last year, a grand jury indicted Trump and 18 others on charges that they conspired to overturn the results of the 2020 presidential election in Georgia.

Four people have pleaded guilty to charges while the remaining defendants, including Trump, have denied wrongdoing and pleaded not guilty.

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