Attorneys representing a co-defendant in former President Donald Trump’s Georgia case have scored a significant victory, as they will be permitted to argue that Fulton County District Attorney Fani Willis exceeded her authority by bringing election-related racketeering charges against him, according to a recent ruling.
District Judge Scott McAfee, in an unexpected move, granted a certificate of immediate review for Harrison Lloyd, a former leader of the Black Voices for Trump coalition. This decision enables Lloyd to seek a review by the Georgia Court of Appeals. The ruling is particularly noteworthy given its contradiction of prior decisions rejecting procedural motions aimed at thwarting Willis’s pursuit of certain charges.
In this latest development, Judge McAfee entertained Lloyd’s contention that Willis’s election-related investigation fell outside her jurisdiction. Lloyd had previously asserted that Willis lacked the authority to pursue or bring election-related charges against him without a referral from the State Election Board.
According to documents obtained by Law & Crime, McAfee previously determined in January that Willis possessed “concurrent jurisdiction” with the state’s election officials and did not require a referral from the secretary of state or any electoral body before initiating charges. Despite McAfee’s earlier rulings, Lloyd’s latest motion seeking a certificate of review prompted the judge to reconsider.
McAfee justified his decision, stating that the earlier ruling granting Willis jurisdiction was “of such importance to the case that immediate review should be had.”
The Georgia Court of Appeals will now deliberate on whether Judge McAfee correctly applied the law, particularly in areas where defense attorneys argue there are conflicts. The key issue revolves around whether a district attorney can pursue election-related charges without adhering to traditional procedures involving a grand jury.
Lloyd’s latest motion emphasizes the absence of a referral from the State Election Board and questions the necessity of such referrals in election-related cases. The defense contends that McAfee’s interpretation renders certain statutes meaningless and superfluous.
Attorneys representing Lloyd have been granted a 10-day window to file their motion with the appeals court, which will then have 45 days to consider it before rendering a decision on granting an appeal.
Lloyd, who was unable to post bail in the case, spent time incarcerated in Fulton County. He described the conditions as deplorable, likening them to those in a third-world country rather than a U.S. jail cell. Speaking on Fox following his release, the former Marine detailed the grim conditions, urging prayers for fellow inmates enduring similar circumstances.
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