Georgia DA Fani Willis Determined to Proceed with Trump Trial Before Election

Fani Willis, the Fulton County District Attorney, is determined to move forward with her plan to bring Donald Trump to trial before the November election. She intends to request the judge overseeing the Georgia criminal case to set a trial date possibly as early as this summer, as shared by three individuals familiar with her intentions.

Despite facing challenges, including setbacks caused by a two-month delay that exposed personal details affecting her credibility with Judge Scott McAfee, Willis remains steadfast in her pursuit. The situation has also left her politically vulnerable as she prepares for her own reelection campaign in November.

Willis narrowly avoided disqualification due to her romantic involvement with lead prosecutor Nathan Wade. Wade resigned following criticism from McAfee, who publicly questioned their decision-making. The threat of disqualification still looms over Willis as McAfee granted requests for an appeal by Trump and his co-defendants.

Georgia Republicans are investigating claims that Willis received financial benefits from her relationship with Wade. A state Senate committee has the authority to uncover new information through subpoenas and plans to convene multiple times to hear from more witnesses.

Republican Gov. Brian Kemp recently approved new laws granting a state commission the ability to investigate and take action against state prosecutors, including Willis.

As a result of these changes, Willis's strong political position has been challenged. Democrat Christian Wise Smith, a former Fulton County prosecutor and Atlanta solicitor, has announced a campaign against Willis in the upcoming primary on May 21. Additionally, Republican lawyer Courtney Kramer, who previously worked in the Office of the White House Counsel under Trump, has entered the race as well.

The Supreme Court will soon decide if the former president is immune from election subversion charges brought by special counsel Jack Smith. This decision could impact several criminal cases against Trump, including those in Georgia. Hearings will start in April, and a ruling is anticipated by the end of June.

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Sources close to the Fulton County DA’s office report that McAfee can still schedule a trial date despite the federal case's uncertainty. Fulton County prosecutors informed defense attorneys through an email that they will address Trump's immunity claim within two weeks of the Supreme Court’s decision, as per a source familiar with the communication.

Prosecutors think McAfee can set aside the immunity matter until the Supreme Court makes a decision. At the same time, they want to make sure that the Georgia case is well-prepared in case Trump can be prosecuted. This information comes from sources within Willis's office who spoke to CNN.

"Let's schedule a trial date."

Multiple sources close to Willis admit that the last two months have been a major distraction. They acknowledge that it was brought on by her own actions but also facilitated by the leeway given to defense attorneys by McAfee during the disqualification proceedings.

According to one of Willis' allies who spoke to CNN, it was essentially a two-month sideshow that should never have been allowed by the judge. However, the ally expressed relief that the judge finally made the right decision. Now, they are eager to move forward and focus on the fact that the individuals involved are facing felony charges. They are looking forward to setting a trial date and proceeding with the legal process.

Sources close to Willis have informed CNN that the DA's office is fully prepared for trial. Willis has stated that she only needs 30 days to get ready once a trial date is confirmed. Defense lawyers have had since September to examine the evidence and prepare their own arguments.

Willis had initially requested for the trial to begin in August 2024. According to sources, she intends to renew this request now that she has successfully navigated through the tumultuous two months, during which the entire Fulton County DA's office faced disqualification, posing a threat to the entire case.

It is unknown when Willis will ask McAfee for a trial date again. The Fulton County District Attorney's office did not provide a comment to CNN for this report.

CNN's Laura Coates asked Ashleigh Merchant, the defense attorney who spearheaded the disqualification of Willis, on Wednesday if the defense was aiming to postpone the trial until after the 2024 election.

Merchant expressed his strong desire to go to trial, emphasizing the importance of having a fair and impartial prosecutor evaluate the case. He believes that this did not happen in this particular situation.

Willis and her team acknowledge the political fallout from the past two months. However, they remain focused on their duty to prosecute the facts of the criminal case against Trump and his co-defendants, rather than being concerned about the political consequences.

Nathan Wade attends a hearing on February 27 in Atlanta.

Nathan Wade attends a hearing on February 27 in Atlanta.

Former Dekalb County District Attorney Robert James, who closely follows the case, mentioned that there was indeed damage done. He told CNN that even if Willis manages to bring the case to trial before the November election, selecting a jury could be a lengthy process, especially with numerous defendants involved.

James expressed concern that some potential jurors who watched the hearings have developed negative views of the DA and the case, making it challenging to assemble a fair and unbiased jury. He mentioned that the motion to disqualify hearing only added to the difficulty.

According to a source interviewed by CNN, Willis and her team are aware of the harm caused by the televised hearings, which could impact public perception of the Georgia case leading up to the divisive 2024 election. The individual also expressed frustration at how the hearings were turned into a spectacle.

"People are treating this like a sports or politics event," the individual mentioned. "It involves political matters, but court is not the place for elections. Elections are happening elsewhere, not in court."

The judge is seen as getting ready to work hard and get involved.

Since being disqualified, McAfee has shown readiness to move forward. Sources familiar with the case have mentioned that he has reached out to both sides' attorneys for guidance on pre-trial motions.

According to one source, McAfee's recent communications have involved inquiries about which motions require oral arguments and which ones need further briefing before a ruling can be made.

Fulton County Superior Judge Scott McAfee

Fulton County Superior Judge Scott McAfee

Alex Slitz/Pool/Getty Images/File

“He’s rolling up his sleeves,” one source said about McAfee.

Last week, McAfee issued a 23-page opinion that heavily criticized Willis for her actions. They described her relationship with Wade as a result of "bad choices." McAfee also stated that Willis's comments at an Atlanta church in January about the case were deemed "legally improper."

He also cautioned that there could be a gag order in the future regarding Willis, but mentioned that her remarks about the church were not closely related to the trial, so it would not affect the jury pool permanently.

Michael Moore, who is a legal analyst for CNN and a former US attorney in Georgia, has doubts about whether Willis should continue handling the case. He believes that if she does, she must demonstrate to McAfee and the public that she is fully in charge.

Moore expressed concern that the case has been delayed by unnecessary obstacles. He emphasized the importance of avoiding any more mistakes that could lead to negative remarks about her honesty or decision-making.

Editor's P/S:

The Fulton County District Attorney, Fani Willis, is determined to bring Donald Trump to trial before the November election. Despite facing challenges, including setbacks caused by a two-month delay that exposed personal details affecting her credibility with Judge Scott McAfee, Willis remains steadfast in her pursuit. The situation has also left her politically vulnerable as she prepares for her own reelection campaign in November.

Willis's strong political position has been challenged by the recent approval of new laws granting a state commission the ability to investigate and take action against state prosecutors, including Willis. Additionally, Republican lawyer Courtney Kramer, who previously worked in the Office of the White House Counsel under Trump, has entered the race for the upcoming primary on May 21. The Supreme Court will soon decide if the former president is immune from election subversion charges brought by special counsel Jack Smith. This decision could impact several criminal cases against Trump, including those in Georgia. Trump and the ongoing investigation into the 2020 election. The defense team's strategy to delay the trial until after the 2024 election further complicates the situation, potentially prolonging the legal proceedings and casting a shadow over the upcoming presidential race.