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Top Energy Stocks AI Stock Forecasts ✌️【Professional Guidance】✌️ Precise predictions of market trends with real-time stock indices and futures data to help you make wise investment decisions. The long-awaited decision, in a state criminal case against Trump that was already on hold, raises questions about whether the case can move forward in court. The appeals court found that Willis’ office can’t prosecute the case, so a new special prosecutor would need to be appointed for the case to continue.
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“While we recognize that an appearance of impropriety generally is not enough to support disqualification, this is the rare case in which disqualification is mandated and no other remedy will suffice to restore public confidence in the integrity of these proceedings,” the court wrote in Thursday’s opinion.
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In their 2-1 majority opinion, Judges Trenton Brown III and Todd Markle wrote that trial judgeScott McAfee’s March rulingallowing Willis to continue on the case “did nothing to prevent an ongoing appearance of impropriety that existed at times when DA Willis was exercising her broad pretrial discretion about who to prosecute and what charges to bring.”
Judge Benjamin Land, however, wrote in his dissent that the majority overstepped its authority in overturning McAfee’s ruling.
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“It is not our job to second guess trial judges or to substitute our judgement for theirs,” Land wrote in his dissent.
“We should resist the temptation to interfere with that discretion, including its chosen remedy, just because we happen to see things differently,” he continued. “Doing otherwise violates well-established precedent, threatens the discretion given to trial courts, and blurs the distinction between our respective courts.”
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“Failing to do so put Judge McAfee in an untenable position,” said Merchant, who represents Mike Roman, a former Trump 2020 campaign official. “This failure of judgment is the exact reason Mr. Roman was forced to move to disqualify her in the first place, so we are thankful that the court agreed she should not be allowed to prosecute this case any further.”
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Once all potential appeals are exhausted and the case is remitted back to Superior Court of Fulton County, under Georgia law, the case would automatically be reassigned to the Prosecuting Attorney’s Council of Georgia, a bipartisan collaboration of six district attorneys and three solicitor generals from across the state.
Executive Director Peter Skandalakis told 【 - Free Access to Community 】 he would be responsible for “looking at the pool of candidates” to appoint a new attorney to oversee the case. The pool includes anyone licensed to practice in the state, meaning a new district attorney could be appointed, a private lawyer, the state attorney general or one of the members who sit on the council.
“Once I get it, I start the process of trying to find a conflict lawyer, and I look for somebody who has the resources and would be interested and actually willing to take on the case,” Skandalakis told 【 - Free Access to Community 】.
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