Attorneys representing a co-defendant in the Georgia case involving former President Donald Trump have been granted permission to argue that Fulton County District Attorney Fani Willis overstepped her boundaries by bringing election-related racketeering charges against him. This ruling was issued by Judge Scott McAfee on Monday.
McAfee’s decision to approve a certificate of immediate review for Harrison Lloyd, a former leader of the Black Voices for Trump coalition, so that he can appeal to the Georgia Court of Appeals, is unexpected as it contradicts previous decisions that rejected procedural motions aimed at stopping Willis from pursuing specific charges.
McAfee was willing to entertain Lloyd’s argument that Willis’ investigation into the election fell outside her jurisdiction. Lloyd had previously contended that Willis lacked the authority to investigate or press charges against him without a referral from the State Election Board, as per legal documents obtained by Law & Crime.
In January, McAfee ruled that Willis had the power to investigate election-related charges without requiring a referral from the secretary of state or any electoral body. Despite a judge in Fulton County upholding his decision on appeal, McAfee believes that a recent motion for a certificate of review carries enough weight for an appeals court to consider.
Earlier this week, he expressed in writing that the previous ruling to confer jurisdiction upon Willis is “of utmost significance to the case and warrants prompt examination.”
The Georgia Court of Appeals is now tasked with scrutinizing whether Judge McAfee adhered to the law appropriately in instances where defense attorneys raised concerns about conflicts. Additionally, they assert that the judge bestowed upon a district attorney the power to pursue charges related to elections without following the customary procedures, which entail presenting the case before a grand jury.
“It is undisputed that no referral was sought nor granted,” Lloyd’s latest 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.”
Lloyd’s legal team has a 10-day window to submit a motion to the appeals court. Following this, the court will take 45 days to determine whether to approve the appeal. Floyd, unlike some of his co-defendants, was not able to secure bail and was detained in Fulton County. He later characterized the conditions there as resembling those of a third-world nation rather than a U.S. jail.
“What’s going on in that jail, I’ve seen worse conditions in Iraq,” Harrison, a former Marine, said on Fox following his release. “When I went to my cell for the first time, there was fecal matter smeared on one of the walls. The first morning that I woke up, the guy in the cell next to me was being tased.”
“I’m just grateful that I served in the United States Marine Corps infantry and I’ve dealt with worse,” he said, asking the audience to “pray for the inmates who are in that jail.”
Willis once again grabbed attention in the media earlier this week when she discussed the prosecution of former President Donald Trump and his 14 co-defendants, stating that the “train is coming.”
Numerous legal analysts have expressed concern over her remarks. According to Atlanta defense attorney Andrew Fleischman, Willis should refrain from making such comments.
“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,” 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.