Fulton County Superior Court Judge Scott McAfee on Monday granted permission for Harrison Floyd to seek an appeal of a prior ruling in the Georgia 2020 election interference case.
The former Black Voices for Trump director has unsuccessfully argued since last October that Fulton County District Attorney Fani Willis lacked authority to investigate or bring election-related charges in the case because she didn’t obtain a referral from the State Election Board.
“She built her case on sand and now the RICO case will be washed away,” Floyd wrote on X Wednesday, referring to WIllis.
“She’s out of her lane and out of her League,” he added.
“There is little case law on this particular issue, which renders the subject a case of first Impression,” Floyd’s lawyers noted in their motion for a “Certificate of Immediate Review,” filed last week.
The filing notes that Floyd will seek to have his appeal heard in the Court of Appeals of Georgia.
The charges against Floyd stem from allegations that he attempted to coerce Ruby Freeman, a former Fulton County election worker, into admitting election fraud took place in the 2020 election in Georgia.
He was charged with three counts: violating Georgia’s Racketeer Influenced and Corrupt Organizations Act; conspiracy to commit solicitation of false statements and writings; and influencing witnesses.
Floyd is the only one of Trump’s 14 remaining co-defendants to spend time behind bars related to the case.
He was sent to Fulton County Jail last August after surrendering to authorities without having negotiated a bond agreement.
Floyd was also hit with a federal charge in May related to an alleged assault against an FBI agent who came to his residence to serve him a subpoena to testify before a federal grand jury in special counsel Jack Smith’s election interference case against Trump.
McAfee’s ruling, which comes after he previously ruled and reaffirmed that the Fulton County DA did not need to obtain a referral from the State Election Board, is yet another potential headache for Willis, who has been accused of impropriety in her hiring of former lead prosecutor Nathan Wade.
Wade bowed out from the case earlier this month hours after McAfee issued a scathing ruling that demanded either he or the district attorney step aside from the case because of the complication of their romance.
Willis has requested a trial date of Aug. 5 for Trump and his remaining co-defendants.
