Trump co-defendant Harrison Floyd has just been granted, by Judge Scott McAfee, the right to appeal his January decision denying a challenge to Fani Willis authority.
Floyd’s challenge argued that Willis “lacked the authority to investigate or bring election-related charges against the Defendant without a referral from the State Election Board.”
McAfee denied the challenge in January and then denied Floyd’s request to appeal the decision. Now it seems McAfee has changed his mind.
Here’s more via Fox 5 Atlanta:
Fulton County Superior Court Judge Scott McAfee has approved a request for a Certificate of Immediate Review by defendant Harrison Floyd in the Georgia election interference case.
Floyd faces three charges stemming from his alleged involvement in a plot to coerce former Fulton County election worker Ruby Freeman into falsely admitting to election fraud. Floyd, a former director of Black Voices for Trump, is represented by attorneys Todd Harding and Christopher Kachouroff.
Floyd’s legal team filed a motion on March 20 seeking permission from Judge McAfee to appeal his decision regarding a Plea in Bar filed on Oct. 31, 2023.
The Plea in Bar argued that the Fulton County District Attorney lacked the authority to investigate or bring election-related charges against the Defendant without a referral from the State Election Board.
The State responded on Nov. 17, 2023, and Floyd replied on Dec. 14.
On Jan. 9, the Court denied the Plea in Bar. Subsequently, on Jan. 12, the defendant applied for a Certificate of Immediate Review, which was denied by the court on March 14, reaffirming its Jan. 9 order.
Floyd now seeks review of these denials by the Georgia Court of Appeals.