Political scientist and constitutional law professor Anthony Michael Kreis on Wednesday explained the implications of the Georgia Court of Appeals decision to hear Donald Trump’s challenge to Judge Scott McAfee’s decision not to disqualify Fani Willis over an alleged improper relationship with the special prosecutor hired in the Georgia election subversion case, arguing there will be “no trial until 2025” thanks to “a massive, unforced error” by the Fulton County District Attorney.
Kreis made the remarks on Twitter after the Georgia appeals court granted Trump’s request. As the Guardian reports, “the decision means both that Trump will continue to undermine Willis’s credibility and draw out the case.”
A grand jury last year charged Trump and 18 others in a sweeping indictment that alleged the former president “engaged in a criminal racketeering enterprise to overturn Georgia’s presidential election results,” Willis said at the time.
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Since then, Willis’ relationship with former Georgia special prosecutor Nathan Wade has drawn scrutiny from Trump’s defense team in an effort to discredit and delay the case. And, according to Kreis, Trump team’s efforts are paying off.
As the New York Times reports, “The appeal of Judge McAfee’s decision will slow the prosecution even more.”
“We’re now talking about this disqualification issue continuing on throughout the summer,” Kreis told the Times.
Speaking with Fox News, Kreis explained the appeals court has two terms to hear and decide the case.
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"That's a long period of time,” Kreiss said. “We’re basically looking into early 2025 potentially if the court puts it at the end of its docket. The Court of Appeals is a pretty busy court. And so, you know, maybe they want to take the [case] sooner, maybe they don't."
Kreis also said Willis “messed up badly” in her relationship with Wade.
“The entire process has been derailed considerably for the time being," Kreis told Newsweek.
Per the Guardian, it’s unclear if Willis’ case against Trump could continue if the former president wins reelection in November.
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“In all likelihood, Trump’s election would pause the proceedings against him in Georgia,” Kreis said. “There is a large consensus among legal academics that a sitting president cannot be tried for crimes.”
"That, however, is an untested constitutional theory, which Fani Willis will probably challenge,” Kreis added. “If I had to hedge a bet, should Trump win in November, his Fulton county co-defendants will be tried mid-2025 and Trump would stand trial alone after his second term ends.”
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