Former President Donald Trump’s defense team filed a motion on Monday seeking to dismiss and disqualify embattled Fulton County district attorney Fani Willis from the Georgia election fraud case.
Steve Sadow, Trump’s lead attorney in the case, asked the court to immediately remove Willis. The filing comes days after the judge overseeing the case ruled she could stay on as long as special prosecutor Nathan Wade stepped aside, following the revelation of their romantic relationship.
Sadow claims in his motion that action does not go far enough and is asking to appeal the decision.
“President Trump and seven defendants have jointly filed a motion requesting the Court to grant a certificate of immediate review of its order denying dismissal of the case and disqualification of Fulton County DA Willis,” Sadow said in a statement.
“The motion notes that the Court found that Willis’ actions created an appearance of impropriety and an ‘odor of mendacity’ that lingers in this case, but it nonetheless refused to dismiss the case or disqualify her,” he added.
Alongisde Trump, seven of the 14 remaining defendants joined the motion: Rudy Giuliani, Mark Meadows, Robert Cheeley, Michael Roman, David Shafer, Harrison Floyd and Cathleen Latham.
“The motion further notes that the Court found Georgia case law lacks controlling precedent for the standard for disqualification of a prosecuting attorney for forensic misconduct. For these reasons among others, the Court’s Order is ripe for pretrial appellate review,” Sadow concluded.
The attorneys’ filing came after Fulton County Superior Court Judge Scott McAfee gave Wade and Willis their ultimatum on Friday in a much anticipated ruling over the racketeering case.
Wade stepped down hours later, allowing Willis to stay on.
The defense attorneys, however, argued “the resignation of Mr. Wade is insufficient to cure the appearance of impropriety the court has determined exits,” according to the court filing.
Along with her relationship with Wade, which has now ended, Sadow and the attorneys criticized Willis’ January speech at Atlanta’s Big Bethel AME Church, where she claimed the backlash against her and Wade was racially motivated because they are both black.
The defense attorneys claimed Willis’ speech “crossed the line” and was clear evidence their clients will be “denied the opportunity for a fundamentally fair trial” as long as Willis is involved.
What to know about District Attorney Fani Willis' trial
- Fulton County, Ga., District Attorney Fani Willis is being accused of misusing state and federal funds, and also engaging in an “improper” relationship with special prosecutor Nathan Wade.
- Willis admitted to having a “personal relationship” with Wade, but said it didn’t become romantic until after 2022 due to the case against former President Donald Trump.
- Willis hired Wade to work on the Trump case and paid him $654,000 in 2022, according to Trump co-defendant Michael Roman.
- Trump and his co-defendants are looking to disqualify Willis from the case and to have all charges, centered around the state’s expansive anti-racketeering RICO law, dismissed.
- The defense has presented dozens of pings from Wade’s cellphone that placed it at Willis’ rented condo prior to 2022. A former friend of Willis, who owned the condo, has testified that she saw the two of them “hugging” and “kissing” in 2019.
- On March 15, a judge ruled Willis can stay on and prosecute the Georgia election interference case against Trump and his co-defendants for allegedly trying to overturn the results of the 2020 election — if Wade steps aside.
“Whether District Attorney Willis and her office are permitted to continue representing the State of Georgia in prosecuting the defendants in this action is of the utmost importance to this case, and ensuring the appellate courts have the opportunity to weigh in on these matters pre-trial is paramount,” the lawyers wrote.
In January, Sadow had filed another motion to have Willis taken off the case, saying her comments at the church were “falsely and intentionally injecting race into this case.”
In his ruling Friday McAfee had also been critical of Willis’ decision to speak at the church writing that her comments were “legally improper” and saying he may have to place a gag order on her in future.
“Providing this type of public comment creates dangerous waters for the District Attorney to wade further into,” McAfee wrote.
Willis’ office did not immediately respond to The Post’s request for comment.
For an appeal to take place Judge McAfee would have to allow for it to be heard, according to NBC, and then the state appeals court would have to agree to hear it.
