Attorneys representing a co-defendant in the Georgia case involving former President Donald Trump will have the opportunity to argue that Fulton County District Attorney Fani Willis exceeded her authority by bringing election-related racketeering charges against their client, Harrison Lloyd. This follows a recent ruling by District Judge Scott McAfee granting a certificate of immediate review for Lloyd, permitting him to seek a review by the Georgia Court of Appeals. McAfee’s decision is notable as it contradicts previous rulings that rejected procedural motions aimed at preventing Willis from pursuing certain charges.
In this instance, McAfee has agreed to consider Lloyd’s contention that Willis’s investigation into election-related matters falls outside her jurisdiction. Lloyd has asserted that Willis lacked the authority to pursue such charges without a referral from the State Election Board. McAfee had previously ruled that Willis possessed “concurrent jurisdiction” with state election officials, affirming this stance even after an appeal by Lloyd. However, the latest motion seeking a certificate of review prompted McAfee to deem it significant enough for appellate court consideration.
The Georgia Court of Appeals will now examine whether McAfee correctly applied the law, particularly in areas where defense attorneys argue there are conflicts. This includes the granting of authority to a district attorney to pursue election-related charges without adhering to the customary procedures involving a grand jury.
“It is undisputed that no referral was sought nor granted,” Floyd’s latest motion reads. “Despite this Court’s explanation of ‘harmony’ amongst these statutes, to hold that the District Attorney holds concurrent jurisdiction with the SEB, and that a referral from the SEB to the District Attorney is not necessary in election-related cases, renders O.C.G.A. § 21-2-35 absolutely meaningless and superfluous.”
Lloyd’s attorneys have highlighted that no referral was sought or granted, questioning the interpretation of statutes and asserting that the district attorney’s concurrent jurisdiction with the State Election Board renders certain legal provisions meaningless.
Lloyd, who was unable to post bail and was detained in Fulton County, has described the jail conditions as deplorable, comparing them to those in a third-world country. Following his release, he recounted witnessing appalling conditions, including fecal matter on walls and inmates being subjected to tasing. Despite these challenges, Lloyd expressed gratitude for his military background, urging prayers for fellow inmates.
