On Monday, Fulton County Superior Court Judge Scott McAfee gave Harrison Floyd permission to file an appeal of a previous ruling in the Georgia 2020 election tampering case.
Since last October, the former Black Voices for Trump director has unsuccessfully contended that Fulton County District Attorney Fani Willis lacked the power to investigate or prosecute election-related charges in the case because she did not receive a referral from the State Election Board.
“She built her case on sand, and now the RICO case will be washed away,” Floyd said on Wednesday, referring to Willis.
“She’s out of her lane and out of her League,” he said.
“There is little case law on this particular issue, which renders the subject a case of first impression,” Floyd’s lawyers wrote in their application for a “Certificate of Immediate Review,” which was submitted last week.
According to the document, Floyd will attempt to have his appeal reviewed by the Georgia Court of Appeals.
Floyd faces charges stemming from allegations that he sought to compel Ruby Freeman, a former Fulton County election worker, into confessing election fraud in Georgia’s 2020 election.
He was charged with three counts, including breaking Georgia’s Racketeer Influenced and Corrupt Organizations Act, conspiring to solicit false statements and writings, and influencing witnesses.
Floyd is the only one of Trump’s 14 surviving co-defendants who has served a prison sentence in connection with the case.
He was taken to Fulton County Jail last August after surrendering to authorities without first negotiating a bond agreement.
Floyd was also charged with a federal crime in May for allegedly assaulting an FBI agent who came to his house to give him a subpoena to testify before a federal grand jury in special counsel Jack Smith’s election meddling investigation against Trump.
McAfee’s decision, which comes after he earlier determined and reaffirmed that the Fulton County District Attorney did not need to get a referral from the State Election Board, is yet another possible headache for Willis, who has been accused of misconduct in the appointment of former lead prosecutor Nathan Wade.
Wade withdrew from the case earlier this month, hours after McAfee issued a blistering ruling ordering either him or the district attorney to step away due to the complications of their romance.
Willis has asked a trial date of August 5 for Trump and his other co-defendants.