Judge rebuffs Trump response to Fulton DA

Published 1:57 pm Friday, May 19, 2023

ATLANTA — A Georgia judge said Friday he has heard enough in the ongoing dispute between former president Donald J. Trump and Fulton County District Attorney Fani Willis. 

Fulton County Superior Court Judge Robert McBurney denied a request from Trump who now wants to respond to the most recent court filing by Willis, who is investigating the former president and his allies for alleged interference in Georgia’s 2020 election.

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In a March 20 motion, Trump’s attorney had asked the Court to quash the Special Purpose Grand Jury report from the investigation, and disqualify the Fulton County District Attorney’s Office from the investigation into or prosecution of alleged election interference.

His motion also seeks to preclude use of any evidence derived from the SPGJ report disqualify and to disqualify McBurney from overseeing the case.

Willis, in turn, submitted a 24-page response to Trump’s motion this week asking the Court to deny Trump’s motion due lack of merit and lack of timeliness.

“Mr. Trump asserts that he has been ‘inextricably intertwined with this investigation since its inception in early 2021, also observing that he participated in the event which precipitated the investigation, a phone call in January of 2021,” Willis responded, just before the May 15 deadline. “By his own estimation, Mr. Trump has been the center of an investigation which has progressed for two years, but only now he is moving for the prosecutor’s disqualification.”

The following day Trump’s attorney filed a request to respond to Willis and media intervenors’ response, referencing the approximately one and a half months Willis had to respond to Trump. Attorneys for 10 media intervenors— which included the Associate Press, WSB-TV and the Wall Street Journal — had also filed a response to Trump’s initial motion May 15 asking the Court to deny his request to throw out the SPGJ report, claiming that quashing the evidence could be unconstitutional. Trump requested 21 days to respond.

McBurney denied that request in a May 19 order.

“To date, the Court has received well over five hundred pages of briefing, argument, and exhibits on the issues raised by former President Trump and Ms. Latham. There will be no more briefing unless it is solicited, in writing, by the Court,” McBurney stated.

On a recorded phone call with Secretary of State Brad Raffensperger after the 2020 general election, Trump can be heard pressing Raffensperger to “find” 11,870 votes, which would have given him the victory in Georgia, surpassing President Joe Biden’s total.

The 26-person Special Purpose Grand Jury, which recommended indictments following its 9 month investigation interviewing 75 witness, looked into Trump’s phone calls with Georgia officials; more than a dozen Georgia Republicans who signed a certificate falsely declaring Trump as the winner; and the alleged copying of data and software from election equipment in Coffee County by a computer forensics team hired by Trump allies.

In a letter to local law enforcement in April, Willis said she plans to announce a charging decision between July 11 – Sept. 1 related to criminal interference in the state’s 2020 election, and she requested heightened security from law enforcement pending the announcement.

In a May 18 letter to Fulton County Superior Court Judge Ural Granville, Willis requested that judges not schedule trials during the weeks beginning Monday, Aug. 7 and Aug. 14 as she has planned for 70 % of staff to work remotely during that time.

She noted that during that time, leadership team, armed investigators, case intake and juvenile court personnel will still be onsite.

A group of former federal and Georgia state prosecutors filed a motion of amici curiae May 19 in filing a brief in opposition to Trump’s motion to quash the special grand jury report, to preclude use of any evidence derived from the report and to recuse the Fulton County DA’s office from investigating alleged 2020 general election interference. An amicus curiae brief can be filed by a non-party to assist a court in reaching its decision, according to the Department of Justice.

Attorneys who signed on to the amici curiae include:

  • Donald Ayer: former Deputy Attorney General under President George H.W. Bush; former U.S. Attorney in Sacramento; former Assistant U.S. Attorney in San Francisco
  • John Farmer: former attorney general for New Jersey; former attorney in the Office of the U.S. Attorney in Newark
  • Stuart Gerson: former President Georgia H.W. Bush appointee as Assistant Attorney General for the Civil Division of the Department of Justice
  • Tanya Miller: former prosecutor for Fulton County and Atlanta-based civil rights attorney
  • J. Tom Morgan: former district attorney for DeKalb County, Ga.
  • Sarah Saldana: former United States Attorney for the Northern District of Texas; former Director of Immigration &  Customs Enforcement under President Barack Obama
  • William F. Weld: former two-term governor of Massachusetts; former Assistant U.S. Attorney General in charge of the Criminal Division of the Justice Department in Washington, D.C.; and former U.S. Attorney for Massachusetts during the Ronald Reagan administration
  • Shan Wu: Assistant U.S. Attorney for the U.S. Department of Justice from 1990-2001