CNN’s Top Legal Expert Reveals Fani Willis’ Case ‘May Not Get Tried Ever’

On Wednesday, the Georgia Court of Appeals paused former President Donald Trump’s criminal trial proceedings while it considers his appeal aimed at disqualifying Fulton County District Attorney Fani Willis. Trump’s team has claimed that Willis should not handle the case due to her relationship with senior prosecutor, Nathan Wade.

The pause in the trial, detailed by a one-page ruling issued on Wednesday, virtually ensures that the trial will not proceed before this year’s election. However, CNN legal analyst Elie Honig suggests that the trial could be pushed even further.

Yesterday, the appeals court put the brakes on all court activities in Judge Scott McAfee’s courtroom, waiting to decide whether Willis should be kicked off the case. “What was surprising was yesterday’s announcement when the court of appeals said, ‘okay, trial court, while we’re taking this case over the next several months, everything stops down there,'” Honig explained. “Now that’s all paused.”

“There’s no way this case gets tried before the end of 2024, it may not get tried ever if Donald Trump and the other defendants win on this appeal,” he continued.

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“The proceedings below in the Superior Court of Fulton County are hereby stayed pending the outcome of these appeals,” the court filing read on Wednesday. With oral arguments tentatively set for October, the trial is expected to be postponed until after the presidential election. A specific date for the trial had not been established. Trump, the presumed Republican nominee, aims to return to the White House and seeks to put his legal troubles on hold.

Last August, Trump, along with 18 co-defendants, plead not guilty to charges to the comprehensive racketeering indictment tied to alleged attempts to overturn the 2020 presidential election results in Georgia. Trump vehemently criticized the district attorney’s investigation, labeling it as politically driven. The appeals court decided to hear the appeal from Trump and his co-defendants in May.

Whistleblowers who spoke with the U.S. House Oversight Committee have claimed that Willis redirected funds intended for an anti-gang unit to continue supporting her Trump investigation, which paid Wade at last $700,000 for two years’ work. At the state level, a special committee has been convened to question other county officials about the hiring of Wade.

Wade, the lead prosecutor, resigned from his role in March. He officially stepped down from the case just hours after Judge Scott McAfee stopped short of disqualifying Willis. However, the judge ruled that either Willis or Wade needed to step down from the case due to a “significant appearance of impropriety” linked to their romantic relationship. Following Wade’s resignation, Willis and her team were allowed to continue on the case, in accordance with the judge’s decision. Judge Scott McAfee wrote at the time, “an odor of mendacity remains.”

On Monday, the court noted that if oral arguments are requested and approved, they were tentatively set for October 4. Following the hearing, the court would have until mid-March to issue its decision.

So far Trump has faced four major indictments. Recently, he was convicted of falsifying business records to pay hush money and hide affair allegations during his 2016 campaign. Trump was found guilty on all counts and awaits his sentencing in July.

For his federal classified documents case, Trump faces charges related to the retention of national security information after leaving office. The charges include obstruction of justice and making false statements regarding documents kept at his Mar-a-Lago estate. However, the trial was postponed indefinitely in May, by Judge Aileen Cannon with ongoing procedural delays​.

With the Fulton County postponement, the former President faces his “last” indictment for the Capitol breach and alleged fake electors scheme. The federal case involves allegations from the January 6, 2021 and efforts to overturn the 2020 election results through an electors plot.

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