Trump files appeal to remove Fani Willis from election case

Switching gears now former president Trump's defense team is appealing a ruling from a Georgia judge that allowed fton County DA fonny Willis to stay on the election interference case quote the court found that Willis's actions created an appearance of impropriety and an odor of mendacity that lingers in this case but it nonetheless refused to dismiss the case or disqualify her the Court's order is ripe for pre-trial appell at review Mark Smith is a constitutional attorney and a former member of

President Trump's transition team and he joins me now Mark does this motion filed yesterday have a shot and if granted in Trump's favor what happens next yeah because the case in Atlanta is not over Todd this means this is interlocutory appeal which are sometimes granted but often not so yes I think this is a likelihood this is going to be granted Todd because the reality is this is an extraordinary case the trial judge judge mcavey specifically said that the law of Georgia dealing with the dis

qualification of District Attorneys is a little vague and unclear and he I suspect is going to agree with the Trump defendants that it's appropriate for the Georgia court of appeals to step in and look at this to clarify the law this is a very big case not only do you have the fates and the fortunes uh of the individual defendants at play here you're also dealing with the potential future president of the United States again with Donald Trump so this is a big deal a lot of ambiguities associated

with George law so I think that there's a good chance that the trial judge here Scott MCA is going to Grant this request and that goes up to the Georgia court of appeals and by the way the Georgia court of appeals then has to also agree that the case should be heard now to clarify the law of disqualification of District Attorneys so basically what this all means the appeal and the process that it triggers all but assures that there's no way that this case is going to come to a decision by Novem

ber 5th election day I think there's no way that's going to happen either way I mean the amount of Discovery and information in the exchange of documents is so voluminous taught in this case that I don't see how they could possibly get all the pre-trial motions the pre-trial Discovery the review of The Evidence the dealing with experts I don't see how they could get such a large and complex case with this amount of evidence you know done in time to try the case by November it just seems to me uh

almost impossible physically to get that done regardless of what happens with this request for an appeal uh to the Georgia Court of appe law ain't fast that's a fact meantime former president Trump says he cannot secure a 5454 million bond in his New York fraud case and his attorney is calling it a practical impossibility quote a bond requirement of this enormous magnitude effectively requiring cash reserves approaching $1 billion do is unprecedented for a private company so what happens next i

n this case does it get reduced or is Donald Trump going to be forced to pay the full amount potentially sell some real estate to do it well if the New York justice system is just the right answer is that there should be no request for the posting the bond of President keep in mind this is an extraordinary fraud case in the sense that in most fraud cases Todd you literally have a line of people out the door saying I my money was stolen and I want it back that is simply not the case here there's

no victims uh even the banks that allegedly were the victims were perfectly fine with what happened here so really we're just talking about the New York attorney General's request to get money and again it's not like New York needs money in that sense or they were a fraud victim or anything like that so it seems to me the right answer if you're being just about it is to reduce the amount of the bond required to be posted to pause the enforcement of the Judgment or simply pause and not do it at a

ll because again you do not have a line of victims out the door that have to be paid off so what's the rushan trying to collect money from president Trump keep in mind there's no dispute that he's worth a a huge amount of money billions of dollars because of his real EST estate holdings but real estate holdings as you know Todd are illiquid and they're very hard to sort of sell and manage and whatnot so that's why these banks are unlikely to want to borrow loan money against these illiquid asset

s because again real estate doesn't move quickly for anyone that's ever tried to sell our house understands that that is not a fast process and let's remember our discussion just now centered on the New York State system there's also the federal appeals process where he can invoke the eth amendment which as a constitutional law scholar yourself you know prohibits excessive bail this seems excessive Mark Smith thank you for your time we appreciate it I'm Steve duy I'm Brian kilme and I'm Angley a

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