Appeals court abruptly postpones Trump bid to oust Fani Willis from RICO case

“The oral argument scheduled to take place on December 5, 2024, at 10:30 a.m. is hereby canceled until further order of this Court,” the appeals court stated in a brief order, leaving the next steps unclear.

BREAKING: The Georgia Court of Appeals has CANCELED the Dec. 5 hearing for Trump and co-defendants that sought to hash out whether Fani Willis should be removed from the case over an appearance of impropriety.

Unclear why it has been postponed “until further order of this… pic.twitter.com/QOqIxctWJa

— Kaelan Deese (@KaelanDC) November 18, 2024

The hearing had been set for one month after the 2024 presidential election, raising concerns by the defense team about the timing and possible influence of Trump’s bid for reelection on the case before he became the victor and president-elect.

A source familiar with the matter said the appeals court acted on its own. Willis previously sought to compel the court not to consider the removal effort, citing a decision by a lower court judge that allowed her to remain on the case despite ordering her special prosecutor to resign.

Trump and eight other co-defendants had sought to remove Willis, citing alleged conflicts of interest stemming from revelations that she and her hired special prosecutor, Nathan Wade, attended several lavish vacations together and engaged in a romantic relationship while working on the case. Fulton County Superior Court Judge Scott McAfee rejected their request earlier this year, prompting Trump’s appeal.

The delay underscores uncertainty about whether the case will proceed, particularly if Trump were to return to the presidency. The Washington Examiner contacted representatives for Trump and Willis.

Legal experts say the decision on Monday could complicate the prosecution and possibly lead to two groups of defendants heading to trial in the sprawling racketeering indictment, given that Trump likely won’t be able to participate in a trial while he’s a sitting present.

“The trial court should be able to sever the other defendants from Trump and proceed to trial,” ABC News legal contributor Chris Timmons said in a post on X Monday evening.

Yup. I think that’s what is happening here. https://t.co/iD8ZHfIZsk

— Anthony Michael Kreis (@AnthonyMKreis) November 18, 2024

Georgia State University professor Anthony Kreis concurred, saying, “I think that’s what is happening here.”

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The case marks one of four criminal cases Trump faced on his road back to the White House. Last year, he was indicted in August alongside 18 others for allegedly orchestrating a criminal enterprise to overturn Georgia’s 2020 election results. 

At least four defendants have taken plea deals, and Trump and his remaining co-defendants have pleaded not guilty.