Georgia appeals court sets Donald Trump case for October, likely delaying trial past election

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Former President Donald Trump’s appeal to disqualify the prosecutor in his Georgia election racketeering case is set for October 4, suggesting the trial will likely not occur before the November 5 election.

“There’s no chance for trial before the election,” said Ashleigh Merchant, who initiated the disqualification issue by filing a motion on behalf of her client Michael Roman, a former Trump 2020 campaign official and one of Trump’s co-defendants.

Trump sought to remove Fulton County District Attorney Fani Willis from the case due to her romantic relationship and travel with Nathan Wade, a prosecutor she hired to help manage the case.

In March, Fulton County Superior Judge Scott McAfee criticized Willis for a “tremendous lapse in judgment” but permitted her to stay on the case provided that Wade withdrew, which he did the same day.

Nevertheless, Trump continues to argue that Willis has a conflict of interest due to her financial dealings with Wade and the benefits she received from their travels.

The Georgia Court of Appeals docketed the case on Monday without specifying a date for arguments.

Judge McAfee has yet to set a trial date. When Willis suggested an August start for a trial potentially lasting five months, McAfee acknowledged the difficulty of overlapping with the election.

Even with an immediate appeals decision, it is highly unlikely that the trial will commence before the election.

Trump and 14 co-defendants face charges of attempting to overturn the 2020 election results, which President Joe Biden won, by pressuring public officials and recruiting alternate Republican electors.

Four co-defendants have pleaded guilty, but Trump and others, including Rudy Giuliani and former White House Chief of Staff Mark Meadows, have pleaded not guilty.

Experts agree that a pre-election trial is improbable. Clark Cunningham, a law and ethics professor at Georgia State University College of Law, noted that the docketing makes a pre-election trial virtually impossible, even if Judge McAfee permits some preparatory work during the appeal of Willis’ disqualification.

“The only thing that could save this case from not going to trial until after the election would be for the district attorney to take a temporary leave of absence,” Cunningham told USA TODAY. However, he noted that it’s uncertain if this action would moot the appeal, especially since Trump and other defendants have argued for the disqualification of the entire DA’s office.

Anthony Michael Kreis, a Georgia State University law professor, warned that if Willis recused herself, it might endanger the trial by raising the prospect of disqualifying the whole DA’s office.

“If she stepped away, it would basically concede that there was a conflict, tainting her office’s power,” Kreis told USA TODAY in March.

Willis’ spokesman, Jeff DiSantis, declined to comment.

Chris Timmons, a former prosecutor in Cobb County, agreed that the October oral arguments make a pre-election trial impossible. He stated that it would likely take “some months” for the appellate court to hear arguments and render a decision regarding whether Willis, and potentially the entire DA’s office, should be disqualified.

Although McAfee has allowed some trial preparations to proceed during the appeal, Timmons noted that both the prosecution and defense will likely require much more time to prepare for such a complex case. He added that while McAfee could technically allow the trial to proceed before the appellate court rules, it is unlikely he will do so while the prosecutor issue remains unresolved.

Steven Sadow, one of Trump’s attorneys, expressed his eagerness to present arguments before appeals Judges Trenton Brown, Todd Markel, and Ben Land, explaining “why this case should be dismissed.” Sadow argued that Willis should be disqualified due to the “odor of mendacity,” which he claims violates the Georgia rules of professional conduct for lawyers.