Fani Willis tears down 'failed' argument for removing her from Trump RICO case

Attorneys for former President Donald Trump were hoping that Judge Scott McAfee would disqualify Fulton County District Attorney Fani Willis from the Georgia election interference/RICO case because of the Nathan Wade controversy — or even dismiss the case altogether. But even though McAfee was critical of Willis in a March ruling, he let her stay on the case.

McAfee ruled that McAfee's relationship with Wade had the appearance of impropriety but did not constitute a full-fledged conflict of interest. Although Wade stepped down from the case, Willis herself opted to remain.

Trump and his lawyers believe that McAfee was wrong to let Willis stay on the case, and have asked the Georgia Court of Appeals for a review. But Willis, in a 19-page brief sent on Monday, April 8, laid out a list of reasons why the review should be denied.

READ MORE: 'The most critical piece': Jack Smith urges SCOTUS to reject Trump’s immunity plea

In the brief, Willis' office argued, "There being no error by the trial court, the present application merely reflects the applicants' dissatisfaction with the trial court's proper application of well-established law to the facts. Because the applicants have wholly failed to carry their burden of persuasion, this Court should decline interlocutory review."

Willis' office stressed that McAfee was correct in his reasoning.

According to the Fulton County DA's Office brief, "There was a factual basis for the trial court's well-explained rulings, and the applicants' insistence that error occurred amounts to no more than disagreement with the trial court's assessment of those facts. Dissatisfaction with factual findings is not a basis for the grant of an appeal or the reversal of a trial court's order, and the application should be denied."

Reporting on the April 8 brief and McAfee's March ruling, Law & Crime's Colin Kalmbacher explains, "In the end, McAfee said the defense had not met its burden to show Willis obtained 'a material financial benefit as a result of her decision to hire' Wade — or that the 'financial gain flowing from her relationship' motivated Willis to prosecute and prolong the case…. Willis notes that the defense does not take issue with McAfee's factual findings — just how he applied those facts to relevant law."

READ MORE: 'NY courts are fed up': Legal experts mock Trump after hush money trial delay rejection

Read Law & Crime's full article at this link.