FILE - Fulton County District Attorney Fani Willis speaks after winning the Democratic primary on Tuesday, May 21, 2024, in Buckhead, Ga. , seeking to continue their effort, are asking dismissal of an appeal of a ruling allowing Fulton County District Attorney Fani Willis to continue her prosecution of the former president and others.
, accusing them of participating in a sprawling scheme to illegally try to overturn the 2020 presidential election in Georgia. Four defendants have pleaded guilty after reaching deals with prosecutors, but Trump and the others have pleaded not guilty. In the motion to dismiss, prosecutors wrote that Georgia appeals courts rarely overturn a lower court’s factual findings: “When a trial court makes determinations concerning matters of credibility or evidentiary weight, reviewing courts will not disturb those determinations unless they are flatly incorrect.”
McAfee wrote that “reasonable questions” remain about whether Willis and Wade testified truthfully about the timing of their relationship. But he found that there was insufficient evidence that Willis had a personal stake in the prosecution and wrote that he was unable to conclusively determine a timeline for the relationship based on the testimony and evidence presented.
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