CRIME COMMENTARY

Fani Willis Gets Bad News In Latest Ruling From Judge McAfee

By Ellis RobinsonMarch 29, 2024Updated:March 29, 2024

As of recent developments in the Georgia election interference case against former President Donald Trump, attorneys for a co-defendant in the case will be able to argue that Fulton County District Attorney Fani Willis exceeded her authority in bringing forth the election-related racketeering charges.

Earlier this week, District Judge Scott McAfee granted a certificate of immediate review for Harrison Floyd, a former leader of the Black Voices for Trump coalition.  The ruling permits the co-defendant to request a review by the Georgia Court of Appeals.

Floyd argued that Willis’ “election-related” investigation overstepped her jurisdiction. The Trump co-defendant has previously argued that the Fulton County District Attorney “did not have authority to investigation or presentment authority to bring election-related charges against the Defendant absent a referral from the State Election Board,” according to official filings.
Earlier this year, McAfee determined that Fani Willis had “concurrent jurisdiction” with Georgia’s election officials and didn’t require a referral from the secretary of state or any electoral body before pursuing charges. The judge reaffirmed this decision a second time upon an appeal from Floyd.  However, the latest motion aiming for a review was enough to convince McAfee that the matter deserved consideration from an appeals court.
CRIME COMMENTARY

Fani Willis Gets Bad News In Latest Ruling From Judge McAfee

By Ellis RobinsonMarch 29, 2024Updated:March 29, 2024

As of recent developments in the Georgia election interference case against former President Donald Trump, attorneys for a co-defendant in the case will be able to argue that Fulton County District Attorney Fani Willis exceeded her authority in bringing forth the election-related racketeering charges.

Earlier this week, District Judge Scott McAfee granted a certificate of immediate review for Harrison Floyd, a former leader of the Black Voices for Trump coalition.  The ruling permits the co-defendant to request a review by the Georgia Court of Appeals.

Floyd argued that Willis’ “election-related” investigation overstepped her jurisdiction. The Trump co-defendant has previously argued that the Fulton County District Attorney “did not have authority to investigation or presentment authority to bring election-related charges against the Defendant absent a referral from the State Election Board,” according to official filings.

Earlier this year, McAfee determined that Fani Willis had “concurrent jurisdiction” with Georgia’s election officials and didn’t require a referral from the secretary of state or any electoral body before pursuing charges. The judge reaffirmed this decision a second time upon an appeal from Floyd.  However, the latest motion aiming for a review was enough to convince McAfee that the matter deserved consideration from an appeals court.

McAfee’s prior decision to give Willis jurisdiction was “of such importance to the case that immediate review should be had,” the judge recently wrote.  The Georgia Court of Appeals must now determine whether the Fulton County judge correctly interpreted the law. Floyd’s legal team now has ten days to file its motion with the appeals court, which will have 45 days to issue a decision on granting an appeal.

“It is undisputed that no referral was sought nor granted,” per Floyd’s latest motion. “Despite this Court’s explanation of ‘harmony’ amongst these statutes, to hold that the District Attorney holds concurrent jurisdiction with the SEB, and that a referral from the SEB to the District Attorney is not necessary in election-related cases, renders O.C.G.A. § 21-2-35 absolutely meaningless and superfluous.”

Notably, the Black Voices for Trump leader could not initially post bail in the case and spent time jailed in Fulton County.  The former marine who served in Iraq described the appalling experience he had during the time he spent incarcerated.

“What’s going on in that jail, I’ve seen worse conditions in Iraq,” Harrison said. “When I went to my cell for the first time, there was fecal matter smeared on one of the walls. The first morning that I woke up, the guy in the cell next to me was being tased.”

The Trump co-defendant cited his service in the United States military as preparing him for the harsh experience in jail.  “I’m just grateful that I served in the United States Marine Corps infantry and I’ve dealt with worse,” he said, while asking the audience to “pray for the inmates who are in that jail.”
The Fulton County election case has been embroiled in controversy from its inception, ranging from the Trump mugshot to the uncovered affair between Fani Willis and Nathan Wade.

Featured image credit:   Fani for DA Campaign Site