Former special prosecutor Nathan Wade believes that Donald Trump will be put on trial in Georgia for the 2020 election subversion case, even if he wins a second term as president. Wade, who resigned from the case due to allegations of a romantic relationship with Fulton County District Attorney Fani Willis, remains close friends with her. The unprecedented question of whether a sitting US president can be forced to stand trial for state-level criminal charges has never been litigated, but Wade expects prosecutors and defense attorneys to confront this scenario if Trump wins the 2024 election.
Wade stated in an exclusive interview on CNN’s “The Source” that he believes Trump can be put on trial in Georgia during a potential second term as president. The case against Trump and his co-defendants for election subversion conspiracy has been halted by the Georgia Court of Appeals until a panel of judges decides if Willis should be removed from the case. Despite Trump’s efforts to delay legal issues until at least 2025 by arguing that Willis should be disqualified due to her relationship with Wade, the court is expected to rule on the disqualification issue by March 2025.
Willis has filed a motion asking the state appeals court to dismiss the appeal of trial Judge Scott McAfee’s original order due to a lack of sufficient evidence. The district attorney’s office argues that there is not enough evidence to support the reversal of the order at issue. The court’s recent order pausing the case indicates that a trial will not occur before the November presidential election, with a ruling expected by March 2025 but possibly sooner. This ongoing legal battle highlights the complexities and uncertainties surrounding the potential trial of a sitting US president for state-level criminal charges.
The case against Trump in Georgia raises questions about the legal implications of prosecuting a sitting president for criminal charges at the state level. Whether or not Trump can be forced to stand trial if he wins a second term remains to be seen, as this scenario has never been litigated before. Wade’s belief that Trump can be put on trial in Georgia, even if he is in the White House at the time, reflects the unprecedented nature of this situation. The court’s decision on the disqualification issue will play a crucial role in determining the future of the case and Trump’s potential trial.
The court’s decision to pause the election subversion conspiracy case against Trump and his co-defendants, pending a ruling on Willis’s potential disqualification, highlights the complexities and legal challenges associated with prosecuting a sitting president. The timeline for a ruling on the disqualification issue and the potential dismissal of the appeal due to a lack of evidence further underscore the uncertainties surrounding this case. As the legal battle continues to unfold, the possibility of Trump facing trial in Georgia for state-level criminal charges remains a significant and unprecedented development in US legal history. The outcome of this case could have far-reaching implications for the future of presidential accountability and the rule of law in the United States.
