FULTON COUNTY, Ga. — An attorney for a defendant in the election interference case here in Georgia says an appeals court order issued on Wednesday leaves some important questions unanswered, like does it put the Fulton County case on hold for all the defendants or only most of them?
Channel 2 Investigative Reporter Mark Winne was live in downtown Atlanta on Thursday for Channel 2 Action News At 6:00 p.m. where Attorney Buddy Parker told him that he is also filing a new appeal.
Parker says on Friday, he’s filing an appeal on First Amendment grounds on behalf of election interference defendant Dr. John Eastman, but he also says Wednesday’s news was good for the defense.
“We are appreciative of the order from the court and believe that it indicates the court will entertain seriously the allegations of the appellants regarding the conduct of District Attorney Willis in her office,” Parker said.
Parker told Channel 2 Action News that he and Eastman welcome the stay from the Georgia Court of Appeals putting proceedings before Fulton County Superior Court judge Scott Mcafee on pause.
At least for most of the defendants in the case and at the time of Winne’s interview, he and Eastman were about to give the appeals court more business.
“We intend also to file our own cross-appeal as well, possibly later this afternoon, certainly by tomorrow,” Parker said.
Parker says his client, Eastman, was one of then-President Donald Trump’s lawyers as he ran for re-election in 2020 the charges against him are part of that role.
“His response is a denial of any criminal conduct, and he’s entered not guilty pleas,” Parker said.
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Parker says he’s appealing McAfee’s refusal to dismiss two counts alleging false statements to Georgia legislators.
“We intend to raise for ourselves an issue regarding the First Amendment and petitioning the government,” Parker said.
Parker says it’s not clear whether the Court of Appeals order puts the Fulton County Court action on hold for the nine defendants who appealed Mcafee’s order allowing Willis to stay in the case or for all 15 defendants.
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Parker says the state has served him with an appeal of its own challenging Mcafee’s dismissal of six counts for lack of specificity including two counts against Eastman.
Appeals Court Clerk Steve Castlen said Thursday afternoon a cross-appeal by the Fulton County District Attorney’s Office had not been docketed yet at the court of appeals because the court is awaiting the complete record from Fulton County.
Parker says once that happens, he expects the stay will apply to his client if it doesn’t already, but that’s an open question too.
Parker says Eastman was not one of the defendants who moved to disqualify Willis.
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