Georgia judge orders prosecutors to reply to Trump challenge
Source: AP News
ATLANTA (AP) A Georgia judge on Monday ordered the Fulton County district attorneys office to respond to a motion by former President Donald Trump to throw out a report by a special grand jury that investigated attempts to interfere in the states 2020 presidential election.
The motion by Trumps legal team also seeks to toss out all testimony from the inquiry and to bar Fulton County District Attorney Fani Willis from continuing to investigate or prosecute Trump.
Fulton County Superior Court Judge Robert McBurney ordered Willis to respond by May 1 and to let him know whether an in-person hearing is needed to resolve any issues. A spokesperson for Willis said her office would reply through its court filings.
The filing is an effort by Trump to escape one of the multiple legal challenges he faces, including a state inquiry in New York into hush money payments to women who alleged sexual encounters with the former president as well as a pair of U.S. Justice Department criminal investigations. One examines his efforts to overturn his loss in the 2020 election. The other examines Trumps possession of hundreds of classified documents at his Florida estate.
Read more: https://apnews.com/article/georgia-trump-investigation-fani-willis-5fd37a350e875ed02aa89b69772b1aef
Ocelot II
(130,532 posts)pnwmom
(110,260 posts)Ocelot II
(130,532 posts)the other side gets to respond, there might be a hearing, and the judge decides. A judge would refuse to hear a motion only if there was a procedural defect like untimely filing or lack of jurisdiction.
angrychair
(12,281 posts)We went from "decision is imminent" to months of delays.
Not to mention Willis is likely just a couple weeks from being fired once Kemp signs that new bill into law and they replace her with someone they choose they will drop all charges.
Cheezoholic
(3,719 posts)angrychair
(12,281 posts)That date will come and go and Willis and others will still be dragging their feet and wringing their hands on one delay after another.
I mean the Texas AG has managed to delay a case against himself for 5+ years.
Tr**p may be a lot of things but he has become a master of delaying things as long as he wants and as long as those idiots keep getting him money, he will keep delaying things in court until doomsday comes.
Cheezoholic
(3,719 posts)I doubt that very very much. The indicting grand jury just set and they hear more than one case. It's coming sooner than you think.
angrychair
(12,281 posts)Texas AG Paxton was indicted for multiple felonies yet has still managed to delay a hearing for 5+ years and even get reelected.
The newest filling pushed out a "decision is imminent" now until mid-May, likely later, likely at least June for a court date.
Then trump will just file some other nonsense. Creating another delay that likely pushes it out another month. Rinse. Repeat.
Ocelot II
(130,532 posts)Frankly, I'm surprised Rachel Maddow didn't point out this fact when she discussed the law - she's usually more thorough and accurate than that. She should have said the law could be a problem in future cases but will have no effect on Fani Willis' current prosecution of Trump and others.
Meantime, Willis has a month to brief her case and will do a thorough job of destroying TFG's argument (the deadline is May 1; that doesn't prevent her from filing a response sooner). And the real grand jury only meets for two months, not months and months like the special grand jury.
Sort of a stupid click-baity title by that reporter or editor.
Ocelot II
(130,532 posts)***It's normal procedure to give the other side an opportunity to respond. The judge gave Willis until May 1, but that doesn't mean she can't respond before then.
And:
***The ridiculous law regarding district attorneys won't go into effect until July of 2024, and almost certainly will face a court challenge (and anyhow, it's a law intended to ensure that woke Black prosecutors won't be too "soft on crime," but it seems like Fani Willis is being pretty tough on crime - only problem is that these criminals are White guys and not Black people arrested for breathing while Black).
Bernardo de La Paz
(60,320 posts)Ocelot II
(130,532 posts)orleans
(36,913 posts)Turbineguy
(40,074 posts)His minions aren't so lucky. But fuck 'em.
yaesu
(9,327 posts)Historic NY
(40,037 posts)Fiendish Thingy
(23,229 posts)Historic NY
(40,037 posts)Fiendish Thingy
(23,229 posts)The special grand jurors have been dismissed, and have permission to talk about the hearings in a limited manner. They have alluded to the fact that recommended several indictments be made.
Those recommendations, along with the evidence presented to the special grand jury, is now being presented to the regular grand jury, which has the power to issue indictments, unlike the special grand jury.
AFAIK, none of the current grand jurors have spoken to the press (that would be a very big deal).
Ocelot II
(130,532 posts)The special grand jury hears evidence and makes a recommendation but does not have the power to indict, but the DA can send the case to a regular grand jury to consider whether to issue an indictment. That grand jury sits for two months and hears more than one case.
republianmushroom
(22,324 posts)Yo_Mama_Been_Loggin
(135,697 posts)Shove it up your ass.
Signed Fulton County GA
Fiendish Thingy
(23,229 posts)Court filings can include indictments the current grand jury hearing evidence from the special grand jury expires May 7 just sayin
tiredtoo
(2,949 posts)Georgia just passed a law allowing the governor to fire this da. He is expected to sign it!
Cheezoholic
(3,719 posts)Ocelot II
(130,532 posts)I'm surprised Rachel didn't mention that fact; she's usually more thorough than that. The law will not affect the current DA's cases.
angrychair
(12,281 posts)The DA is about to get fired by Kemp as soon as he signs that new law.
Fuck Republicans.
Cheezoholic
(3,719 posts)No action can be taken until 7/24, look it up.