ATLANTA, GA - The future course of the high-stakes election interference case against former President Donald Trump in Georgia could hinge on the outcomes of two key primaries happening Tuesday. Fulton County District Attorney Fani Willis, who launched the sprawling probe into Trump's efforts to overturn the state's 2020 election results, is facing a Democratic primary challenger. Meanwhile, Superior Court Judge Scott McAfee, appointed last year to oversee the Trump trial, must fend off two nonpartisan opponents.
"The entire future course of the election case hinges on the outcomes," warned Georgia State University law professor Anthony Michael Kreis. "If Willis does not win, her successor could choose to not pursue the case or do so less vigorously."
A potential loss by the incumbent Willis could significantly delay or derail the Trump prosecution that she has spearheaded over the last two years.
Willis is being challenged by Christian Wise Smith, a former Fulton prosecutor who ran unsuccessfully for Georgia attorney general in 2022. Smith has stated he would continue the Trump prosecution if elected, but has criticized Willis for spending $1 million on the special prosecutor with whom she had a romantic relationship.
For McAfee's seat, he is facing defense attorney Tiffani Johnson and civil rights attorney Robert Patillo in the nonpartisan race. McAfee was just appointed to the bench by Gov. Brian Kemp in December 2022.
While Willis and McAfee are favored in their respective primaries, Tuesday's elections will serve as the first public referendum from voters on how they've handled such a high-profile and politically-charged case. The winners of these primaries could have a major impact on the future trajectory of the Trump election probe.
The Georgia Court of Appeals is expected to take months to rule on Trump's request to review McAfee's decision not to remove Willis from the case due to alleged conflicts of interest. Regardless of who prevails in Tuesday's elections, legal experts suggest a trial likely cannot begin until spring 2025 at the earliest due to the appeals process.
In the November general election, the Democratic DA primary winner will face Republican Courtney Kramer, a former Trump White House and campaign staffer.
While the primaries inject some uncertainty, Georgia State's Kreis notes that even if McAfee loses, his successor would most likely inherit the Trump caseload barring successful recusal challenges. A re-assignment is possible but unlikely to impact potential 2025 trial timing.
As the primaries unfold, all eyes are on Willis and McAfee - two elected officials thrust into the national spotlight whose fates could profoundly shape the future of the historic Trump election case.