Judge Scott McAfee Issues Brutal Ruling For Fani Willis
Attorneys for a co-defendant in President Donald Trump’s Georgia case will be able to argue that Fulton County District Attorney Fani Willis overstepped her authority by bringing election-related racketeering charges against him, according to a new ruling.
District Judge Scott McAfee on Monday granted a certificate of immediate review for Harrison Lloyd, a former leader of the Black Voices for Trump coalition, allowing him to request a review by the Georgia Court of Appeals. The decision by McAfee is surprising because it conflicts with previous rulings quashing procedural motions meant to deny Willis from pursuing certain crimes.
In this instance, Judge McAfee was willing to entertain Lloyd’s argument that Willis’ “election-related” investigation was beyond her jurisdiction. He has previously argued that she “did not have authority to investigation or presentment authority to bring election-related charges against the Defendant absent a referral from the State Election Board,” according to filings obtained.
BREAKING 🚨🚨
Judge allows another pretrial appeal in the Trump RICO case
This is more bad news for #FaniWillis
Harrison Floyd says Willis needed a referral from the State Election Board which she didn’t get pic.twitter.com/KNoRaJVL77
— Phil Holloway ✈️ (@PhilHollowayEsq) March 27, 2024
McAfee first ruled in January that Willis had “concurrent jurisdiction” with the state’s election officials and did not need a referral from the secretary of state or any electoral body before pursuing charges. The Fulton County judge backed up his ruling a second time on appeal by Lloyd, but the latest motion seeking a certificate of review was enough to warrant consideration by an appeals court, he ruled.
The earlier decision to grant Willis jurisdiction is “of such importance to the case that immediate review should be had,” he wrote earlier this week.
The Georgia Court of Appeals must now explore whether Judge McAfee applied the law properly in areas where defense attorneys say in conflicts, granting a district attorney the power to pursue election-related charges without following the traditional steps required involving a grand jury.
“It is undisputed that no referral was sought nor granted,” Floyd’s latest motion reads. “Despite this Court’s explanation of ‘harmony’ amongst these statutes, to hold that the District Attorney holds concurrent jurisdiction with the SEB, and that a referral from the SEB to the District Attorney is not necessary in election-related cases, renders O.C.G.A. § 21-2-35 absolutely meaningless and superfluous.”
Attorneys for Lloyd now have 10 days to file their motion with the appeals court, which then has 45 days to consider it before making a decision about granting an appeal.
Floyd was one of the few Trump co-defendants who could not post bail in the case and was jailed in Fulton County, describing the conditions as more befitting of a third-world country than a U.S. jail cell.
“What’s going on in that jail, I’ve seen worse conditions in Iraq,” Harrison, a former Marine, said on Fox following his release. “When I went to my cell for the first time, there was fecal matter smeared on one of the walls. The first morning that I woke up, the guy in the cell next to me was being tased.”
“I’m just grateful that I served in the United States Marine Corps infantry and I’ve dealt with worse,” he said, adding a plea to the audience to “pray for the inmates who are in that jail.”
Feb 23, 2023 I was subpoenaed and arrested by FBI agents at my apt in Rep. Jamie Raskin’s district.
Fani Willis made an appt to met with Kamala Harris the next day.
Raskin’s J6 committee deleted comms w/ Willis
*This charge is why I was denied bond and held in Fulton Co jail pic.twitter.com/3iCLxYxs2E
— Harrison Floyd 🇺🇸 (@hw_floyd) March 24, 2024
