Donald Trump's indictment in Georgia will be impacted by Monday's Supreme Court decision

ATLANTA, Ga. (Atlanta News First) — The mass indictment of Donald Trump and 13 other GOP co-defendants in Georgia on organized crime charges will be influenced by the U.S. Supreme Court's ruling Monday on whether the former president is immune from prosecution for his alleged role in the Jan. 6, 2021, riot at the U.S. Capitol.

The decision, according to CBS News, will impact special prosecutor Jack Smiths' case against Trump in Washington, D.C., where the former president has pleaded not guilty to all four charges he faces.

But a ruling could also have implications for two other cases involving Trump. One, also brought by Smith, in South Florida, concerned Trump’s alleged mishandling of classified documents, and a second brought by prosecutors in Fulton County, Georgia, concerned Trump’s alleged efforts to overturn the state’s 2020 election results.

The immunity case, according to the Associated Press, was the last case to come before the nation's high court, on April 25, but the timing of the court's decision on Trump's immunity could be as important as the final decision.

By staying the case until early July, the justices reduced or even eliminated the possibility that Trump would have to be tried before the November election, regardless of the court's decision.

Former Watergate Special Prosecutor Compares Richard Nixon to Donald Trump

In other epic court cases involving the presidency, including the Watergate tapes case, judges have acted much more quickly. Fifty years ago, the Court issued its decision requiring President Richard Nixon to turn over recordings of Oval Office conversations just 16 days after hearing arguments.

Even during that time, the court moved in less than a month to rule unanimously in Trump's favor that states cannot invoke the post-Civil War Insurrection Clause to kick him off the ballot in because of his refusal to accept Democratic President Joe Biden's victory four years ago.

Delaying the start of trials has been a main goal of Trump's lawyers in the four criminal cases against him. Only one trial was held and it resulted in his conviction for falsifying business records to conceal a payment of money to cover up the silence made during the 2016 presidential election to a porn actress who claimed to have had sex with him, which he denies. Trump is the first former president to be convicted of a crime.

The Georgia Court of Appeals has stayed all proceedings in the Fulton County election interference case involving Trump and his GOP allies.

A stay means that all hearings, arguments, decisions and other matters are suspended until the appeals court rules on the issues it is currently hearing, including whether to disqualify the prosecutor from Fulton County, Fani Willis, to prosecute the case. The court is also considering an appeal of dropped charges in the election interference case.

In August 2023, Willis indicted Donald Trump and 17 of his GOP allies for participating in an organized crime-style conspiracy to overturn the 2020 presidential election in Georgia. Four of the 18 initially indicted have already reached plea deals with Willis' office.

But in early January, a series of explosive allegations surfaced when Michael Roman, one of Trump's co-defendants, and Ashleigh Merchant, Roman's lawyer, accused Willis and Nathan Wade, then a special prosecutor, of having a inappropriate relationship. Willis and Wade have since admitted to having a romantic relationship.

Allegations that Willis benefited improperly from her relationship with Wade have roiled the case for weeks. Intimate details of Willis and Wade's private lives were revealed in court in mid-February.

In March, Fulton County Superior Court Judge Scott McAfee, who is handling the case, rejected defense efforts to remove Willis and his office because of his romantic relationship with Wade, but he allowed the defendants to request a review of its decision by the court of appeal. In her ruling, McAfee wrote that Willis needed to dismiss Wade from the racketeering indictment if she wanted to stay on the case.

Wade resigned just hours after the decision.

On April 1, Trump and several of his remaining co-defendants formally appealed McAfee’s decision to allow Willis to remain on the case. The appeal came after McAfee gave the green light to allow such an appeal of his decision. The appeal was signed by all of the attorneys representing the remaining co-defendants who have not yet settled the case in Fulton County Superior Court.

The Georgia Court of Appeals filing for case number A24I0160, also known as DONALD JOHN TRUMP ET AL V. THE STATE, said the appeal would be heard in the August 2024 term. According to the courts website, all cases listed under this mandate must be decided by March 14, 2025.

The August term ends on November 18, 2024. The court oral argument schedule for August, September and October does not yet indicate a date for Trump's appeal.

Biden and Trump are both the presumptive Democratic and Republican presidential nominees, setting the stage for a historic rematch of their 2020 campaigns. They have polled well within the margins of error for every poll this election season so far, making Georgia a true toss-up.

In 2020, Biden won Georgia by less than 12,000 votes.

Atlanta News First and Atlanta News First+ bring you the latest news, headlines and information as Georgia continues to play its part at the forefront of the national political scene. Download our Atlanta News First app for the latest political news and information.

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