Following Donald Trump’s presidential victory, Special Prosecutor Jack Smith began taking clear steps to conclude his two federal criminal cases. Proceedings in the New York state hush money case were postponed for a week to give Manhattan District Attorney Alvin Bragg time to tell the court how his office plans to proceed in the president-elect’s case (Bragg has a deadline before Tuesday).
Now we have a cancellation in Georgia state court in the fourth case in which Trump was criminally charged. A pretrial hearing scheduled for Dec. 5 in the defense’s attempt to disqualify Fulton County District Attorney Fani Willis was canceled Monday by the state appeals court “until further order of this court.”
Unlike the other three criminal cases, in which the delays were explicitly a response to Trump’s election, the Georgia court has not provided a public rationale for its latest move. In fact, The Atlanta Journal-Constitution reported that the cancellation “surprised many attorneys involved in the profession.”
The appeals court may have decided that no oral arguments are necessary to make a ruling and therefore it is not necessary to hold a hearing first. If that is the reason, then it would be the opposite of delay if the court reaches a decision sooner than it would otherwise have done. It is also possible that the court will want to figure out how to proceed in the case since one party is now the president-elect.
The Georgia case differs from most of Trump’s other criminal cases in that he has multiple co-defendants in Georgia, so the appeal and any trials (if the case proceeds after the appeal) could still be prosecuted against the co-defendants who did not. No legal windfall has come from winning political office.
Another difference is that the appeal was brought by Trump and his co-defendants, unlike the case in New York State, which headed for conviction; the federal election interference case, in which preliminary proceedings were progressing; and the classified documents case, in which Smith appealed the dismissal.
Whatever the reason(s) for the latest move in Georgia, a relatively small shift in timing might not ultimately make a big difference to Trump personally, if that is ultimately the intention. Even if Willis wins the appeal and stays on the case, Trump would still not be tried while he is in power. Presidents cannot forgive or dismiss state cases. The Georgian appeals court’s next step, whatever it may be, should indicate where the case goes.
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This article was originally published on MSNBC.com
