The U.S. Supreme Court ruled Monday that Donald Trump was immune from prosecution for “official acts” he took while president.
The 6-3 decision could reshape the Fulton County election interference case against Trump and his 14 remaining co-defendants. It could also result in more delays.
But it’s not the only factor that’s holding up the Georgia criminal case:
Fani Willis disqualification: The fight that began in early January to remove District Attorney Fani Willis from the case lumbers on — and likely won’t be resolved until at least next year. Nine defendants argued Willis had a conflict of interest because of a romantic relationship with Nathan Wade, the outside lawyer she hired as a Trump special prosecutor and paid more than $700,000. Fulton Superior Court Judge Scott McAfee ruled in March that Willis could remain on the case if Wade resigned.
Even though Wade stepped down, the Georgia Court of Appeals agreed to hear a challenge of McAfee’s decision. A three-judge panel was assigned the case in early June and scheduled a tentative oral argument date in October, though that date will be rescheduled if the judges grant oral arguments. The judges are constitutionally obligated to publish a ruling by March 2025, and the losing side is expected to appeal that decision to the state Supreme Court.
DA Appeal: The appeals court’s decision to consider Willis’ removal opens the door for other challenges. The DA’s office filed its own appeal last month asking the judges to reinstate six criminal counts against Trump and five of his co-defendants. McAfee in March dismissed the charges, saying they lacked sufficient detail. Even after the counts were dismissed, dozens more remain.
Confusion over stays: There has been some uncertainty in recent weeks about how much work — if any — McAfee could complete while the appeals court hears the disqualification issue. McAfee initially said he intended to continue consideration of pending pretrial motions, but that was before the appeals court preemptively issued a stay barring additional work. That stay, however, only included the names of the nine defendants who were a part of the push to disqualify Willis. McAfee interpreted that as a signal that he could continue with the six remaining defendants but last week, the appeals court granted a request from one of those defendants — sending a signal they wanted McAfee to halt.
Presidential immunity: The decision by the U.S. Supreme Court will reverberate in the Fulton County election interference case. The ruling stipulates that while a president’s official acts are immune from prosecution, his private conduct is fair game.
Many of the charges in Fulton County are built upon Trump’s actions as a candidate, which seems to fall under the umbrella of private conduct. Those include his January 2021 call to Georgia Secretary of State Brad Raffensperger.
Willis had said the DA’s office would respond in a court filing two weeks after the high court ruled. That translates into mid July.
