Trump Almost Certainly Won’t Go on Trial in Georgia This Year. Here’s Why.
The New York Times
The state appeals court tentatively set oral arguments for October on whether the prosecutor in the Georgia election interference case should be disqualified.
With a one-page order, the Georgia Court of Appeals on Monday made it all the more likely that Donald J. Trump will not face a criminal trial in the state before he faces off against President Biden in the November election.
The appellate court’s order tentatively set Oct. 4 for oral arguments over whether Fani T. Willis, the Fulton County district attorney, should be disqualified from prosecuting the Georgia election interference case against Mr. Trump and a number of his allies. That suggests that the matter almost certainly will not be resolved in time for a trial to start before the election.
While the court does not have to hear arguments on the appeal, lawyers for Mr. Trump and another defendant said they would ask it to do so. Anthony Michael Kreis, a law professor at Georgia State University, said it was “pretty highly likely” that the court would agree to oral arguments, given the complexity of the issues.
The delay in setting a trial date represents a major victory for Mr. Trump. If he is elected to a fresh term in the White House, his lawyers will very likely argue that a sitting president should not be subject to a criminal trial in state court, and that any trial in Georgia should be delayed until he leaves office.
Mr. Trump was convicted of 34 felony counts in a New York criminal case related to his efforts to falsify documents to hide a sexual encounter with a porn star before his successful 2016 presidential run. A trial date has yet to be set in his criminal case in Georgia, which involves allegations of interfering with the 2020 presidential election. Nor have trial dates been set in federal cases against him that are pending in Florida and Washington.
Last August, Mr. Trump and a number of his supporters were charged in Georgia in a sweeping racketeering indictment accusing them of seeking to illegally overturn his 2020 election loss in the state. Defense lawyers have since filed a flurry of motions challenging the indictment.