The latest in the Georgia election case against Trump, 14 others

Fulton County District Attorney Fani Willis, center, confers with lead prosecutors, Donald Wakeford, left, and Nathan Wade during a motion hearing at Fulton County Courthouse in Atlanta on July 1, 2022. (Hyosub Shin/Atlanta Journal-Constitution/TNS)

ATLANTA — As a jury in Manhattan deliberates about whether Donald Trump is guilty of 34 felony counts involving his alleged falsification of business records, the Georgia criminal prosecution of the former president is largely in limbo.

Here’s the latest on the Fulton County election interference case against Trump and his 14 remaining co-defendants:


Fani Willis allegations: The Fulton case took an unexpected detour in early January when the defense launched an effort to disqualify District Attorney Fani Willis because of a romantic relationship with Nathan Wade, the outside lawyer she hired as a Trump special prosecutor. The defense argued that Willis, who had paid Wade’s law firm more than $700,00, had a conflict of interest. The bitter fight delayed the case by about two months. Fulton Superior Court Judge Scott McAfee ruled in March that Willis could remain if Wade resigned. But the Georgia Court of Appeals agreed to hear a challenge of that decision. A three-judge panel has yet to be selected to hear the case and a decision may not come until early next year.

DA appeal: The appeals court’s decision to consider Willis’ removal opens the door for other challenges, and the DA’s office filed its own appeal last week asking the judges to reinstate six criminal counts against Trump and five of his co-defendants. McAfee in March dismissed the charges saying they lacked sufficient detail. Even after the counts were dismissed, dozens more remain.

Court goes on: Even though the appeals court has agreed to hear the disqualification issue, McAfee is continuing to work through a raft of pending legal issues. On Tuesday, he held a hearing on matters involving co-defendants Harrison Floyd and Trevian Kutti; a hearing Wednesday addressed motions from another co-defendant, state Sen. Shawn Still, a Republican. McAfee has said he will continue to work through pretrial issues until he is told to stop. (A defendant could ask for a stay to be issued while the appeals court considers the Willis disqualification matter.)

Presidential immunity: The U.S. Supreme Court is deciding whether presidents are immune from prosecution. Trump’s legal team has argued that he should be shielded from prosecution for actions he took while he was president. The high court’s ruling — expected by late June — could have a major impact on the Fulton County case, as well as the two federal prosecutions of Trump.

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