Fulton County District Attorney Fani Willis this week slapped back at former President Donald Trump's attempt to toss her election racketeering case in a sweeping brief that hits heavy on a single word: fail.
Willis on Aug. 5 responded to Trump's motion to dismiss charges linked to his attempts to overturn results of Georgia's 2020 presidential election, court records show.
"[Trump's attorneys] would have this Court declare that the trial court should have shown less concern for the case's facts and circumstances and abandon its discretion rather than put it to use," Willis writes.
"Because they again fail to persuade, the State asks that this Court affirm the trial court's order."
The Georgia prosecutor asserts Trump's dismissal is connected to their failed attempt to oust Willis over her personal relationship with special prosecutor Nathan Wade.
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Trump levied accusations of conflict of interest and, after a dramatic hearing that saw Willis take the stand to defend her right to prosecute, Judge Scott McAfee requested either she or the special prosecutor step aside and Wade resigned.
"Having failed to adequately support their chosen theories or persuade the trial court on their central point, the Appellants still received the boon of the withdrawal of a special prosecutor," Willis writes.
"Unsatisfied, the Appellants now seize upon the trial court's criticisms of the District Attorney to distort its actual findings and overstate their case. They ask this Court to second guess the trial court's factual conclusions and apply standards of disqualification that no Georgia court has ever authorized or employed."
Trump and 18 co-defendants in August 2023 were charged with violating the RICO act by organizing a fake slate of electors to hand the key swing state to the former president in the 2020 election President Joe Biden
Trump pleaded not guilty but four loyalists — bail bondsman Scott Hall and attorneys Sidney Powell, Ken Cheseboro and Jenna Ellis — accepted plea deals.
The fate of the case remains unclear after the Supreme Court ruled Trump enjoyed limited presidential immunity as he attempted to hold onto his executive position.
This week, Willis delivered a 96-page brief to Georgia's Court of Appeals arguing why it indeed should continue.
"Their arguments fail to grapple with the actual structure of the trial court’s order," Willis writes. "For the above reasons, the State of Georgia submits this Honorable Court should affirm the trial court’s order, which contained no abuse of discretion."
