The criminal investigation of Fulton County’s 2020 presidential interference case took another detour this week when the Georgia Court of Appeals canceled a pivotal hearing for Dec. 5.
The court posted a notice Monday canceling the long-scheduled December hearing to consider a demand by Republican President-elect Donald Trump and his co-defendants that the court should remove Fulton District Attorney Fani Willis from the years-long racketeering prosecution.
The filing did not explain the reason for canceling next month’s appeals court hearing.
This week’s development is the latest twist in the case that’s been sidetracked for several months in the appellate court while Trump mounted a successful campaign bid that won him a second term in the White House by defeating Democratic nominee Vice President Kamala Harris in the Nov. 5 election.
The uncertainty surrounding the future of the felony racketeering case against Trump and his co-defendants increased with Trump’s pending inauguration, set to take place Jan. 20.
The Georgia court was set to hear the petition from Trump and co-defendants who want to disqualify Willis due to her prior romantic relationship with the special prosecutor she hired to lead the election interference case.
Georgia State University law professor Anthony Michael Kreis said there could be several reasons behind the appellate court’s decision to cancel oral arguments next month.
“I think folks really need to not speculate wildly here,” Kreis posted on X Tuesday. “They may think the facts established don’t show any conflict and dismiss it as improvidently granted. They may think the legal standard is clear and they can simply apply it without oral argument. They may send it back to Judge McAfee to address how to proceed post-election. My guess is they’re sending it back, but I’m just spitballing as is anyone unless they’re a CoA judge with inside knowledge.”
In August 2022, a Fulton grand jury indicted Trump and 18 of his allies on multiple charges of conspiring to overturn the 2020 election results in Georgia. President Joe Biden defeated Trump in the 2020 election by fewer than 12,000 votes in Georgia.
Four people originally indicted by a Fulton grand jury have already pleaded guilty to misdemeanor charges in the racketeering case. Their plea agreement requires them to testify against Trump and the other 14 remaining defendants, as well as write letters of apology.
The appeal of a lower court ruling that held Willis could remain on the case came from Trump and several co-defendants, including former Trump campaign officer Michael Roman, former Trump attorney Rudy Giuliani, and ex-White House Chief of Staff Mark Meadows. On Tuesday, the U.S. Supreme Court denied a petition from Meadows seeking to move his charges from state court to federal court.
If Willis is disqualified, then the case would be sent to the Prosecuting Attorneys’ Council of Georgia for a new prosecutor to be assigned.