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Judge Scott McAfee Issues Key Ruling in Fani Willis Case

via Washington Post

A recent court ruling in the Georgia case against former President Trump allows one of his co-defendants, Harrison Lloyd, to argue that the district attorney exceeded her jurisdiction in filing election-related racketeering charges.

Lloyd was granted permission to appeal to the Georgia Court of Appeals on this issue.

The ruling goes against previous decisions upholding the DA’s authority.

It finds the question of the DA’s jurisdiction important enough for higher review.

Lloyd argues the DA needed a referral from the state election board to pursue these charges, otherwise the law is meaningless.

“It is undisputed that no referral was sought nor granted,” Lloyd’s motion reads. “Despite this Court’s explanation of ‘harmony’ amongst these statutes, to hold that the District Attorney holds concurrent jurisdiction with the SEB, and that a referral from the SEB to the District Attorney is not necessary in election-related cases, renders O.C.G.A. § 21-2-35 absolutely meaningless and superfluous.”

His lawyers now have 10 days to file an appeal, which the court will review over the next 45 days.

The case has drawn controversy over the DA’s comments that the “train is coming” for prosecution, with some arguing it harms the trial’s integrity and credibility.

“Prosecutors announcing at the outset of a case who they’re indicting, the charges being brought and why is fine, but they should not make public statements that have no legitimate law enforcement purpose, even in the context of a political campaign,” Atlanta defense attorney Andrew Fleischman said.

“They strengthen arguments for gag orders and disqualification, and they harm the public’s trust that this trial is about holding people accountable for crimes they have committed, rather than as part of an overall political strategy,” Fleischman added.

“Saying that the ‘train is coming’ and implying that the defendants will now get less favorable plea deals because of a motion that was filed seems like it is meant to heighten condemnation of the accused,” Fleischman said.

Fleischman added, “On the other hand, the defense may prefer that she keep talking, and may ask to submit clips of her interviews as evidence at trial.”

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