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Who is Scott McAfee? Judge to make history as first to preside over Trump's case in Georgia

McAfee is in his first year as a judge and has previously handled cases involving politically sensitive defendants
UPDATED AUG 16, 2023
Judge Scott McAfee takes on landmark case involving Donald Trump (Drew Angerer/Getty Images; Superior Court of Fulton County)
Judge Scott McAfee takes on landmark case involving Donald Trump (Drew Angerer/Getty Images; Superior Court of Fulton County)

ATLANTA, GEORGIA: Scott McAfee, a recently appointed judge on the Fulton County Superior Court bench, has been designated to oversee the expansive racketeering case of former President Donald Trump and 18 allies, who conspired to overturn Trump's 2020 election loss in Georgia and other locations.

The assignment of McAfee to the high-profile case came swiftly after the indictment on Monday, August 14, although the possibility remains that the case may be reassigned to a different judge as proceedings unfold.

However, Trump, who, himself faces 13 counts along with the other 18 defendants, staunchly denies any wrongdoing.

(Superior Court of Fulton County)
Judge Scott McAfee, one of Fulton County's newest judges will oversee the case against former President Donald Trump and 18 co-defendants (Superior Court of Fulton County)

Moreover, District Attorney Fani T Willis has issued a deadline of August 25 until noon for Trump and the other indicted individuals to surrender.

Willis also expressed her intent to pursue a joint trial for all 19 defendants. McAfee, who assumed his position on the bench in February, has been entrusted with the pivotal role of presiding over this groundbreaking case.

Former U.S. President Donald Trump sits in the courtroom during his arraignment at the Manhattan Criminal Court April 4, 2023 in New York City. Trump pleaded not guilty to 34 felony counts stemming from hush money payments made to adult film star Stormy Daniels before the 2016 presidential election and making false statements to cover up other crimes. With his indictment, Trump will become the first former U.S. president in history to be charged with a criminal offense.
Donald Trump will become the first former U.S. president in history to be charged with a criminal offense (Photo by Andrew Kelly-Pool/Getty Images)

Subsequently, McAfee's involvement in the bombshell case could thrust him into the national spotlight, as Georgia permits cameras within courtrooms.

Presiding over a case where a former president battles multiple felony charges places the judge in an unparalleled position, grappling with unique challenges.

"No judge in the world has had this case before. You could have a judge with 50 years of experience and it would still be a new and unique case," Levinson said, as per CBS.

Who is Scott McAfee?

McAfee, the newest face on the Fulton County Superior Court bench, stepped into his role as judge in February, marking a milestone in his distinguished career.

With a background spanning prosecutorial and investigative realms, McAfee was "responsible for investigating allegations of fraud, waste, and abuse in the Executive Branch of state government."

(Superior Court of Fulton County)
Scott McAfee became a Fulton County Superior Court judge in February after a career in which he has worked as a prosecutor and state inspector general (Superior Court of Fulton County)

Notably, he served as a state inspector general in March 2021, with Georgia Gov. Brian Kemp, a Republican, calling him a "strong addition to my administration." He diligently uncovered instances of "fraud, waste, and corruption, and bring those to justice who break the law," Kemp said.

His journey towards becoming a judge began with an impressive resume as an assistant United States attorney in the Northern District of Georgia and as a senior assistant district attorney in the Fulton County Atlanta Judicial Circuit.

His legal prowess was evident as he prosecuted complex cases involving drug trafficking, fraud, armed robbery, and even murder.

Holding an undergraduate degree in music from Emory University, McAfee is a multi-talented individual who earned a scholarship to play the cello in the university's orchestra. His legal journey continued as he obtained a JD from the University of Georgia School of Law.

Raised in Kennesaw, Georgia, McAfee's dedication extends beyond the courtroom. He is a devoted husband and father to two children, and his interests include volunteering scuba diving and leading his tennis team as captain.

His appointment to the bench in December 2022 brought forth a commitment to thoroughness, vowing to "do my homework." "Lawyers can expect that I'll have read their pleadings and be ready to dive into the issues," he said.

RICO indictment against Donald Trump

The indictment, consisting of a formidable 41 counts, targets Trump and his co-defendants under the state's Racketeer Influenced and Corrupt Organizations Act, commonly referred to as RICO.

RICO cases, renowned for their intricate web of multiple defendants and allegations of organized criminal activity, present a formidable challenge for judges and legal teams alike.

Another ongoing RICO case involving rapper Young Thug has seen an extensive jury selection process extending over months, leading experts to speculate it could become Georgia's lengthiest trial in history. 

However, Willis has outlined a significant swifter timeline for the Trump case, aiming to commence trial proceedings "within six months."

Although McAfee is still in his first year as a judge, he has previously handled cases involving politically sensitive defendants.

Records reveal that Judge McAfee imposed a $5,000 fine on pro-Trump attorney Lin Wood in June for violating an injunction. McAfee ruled that Wood's actions directly defied a court order prohibiting him from making derogatory public statements about plaintiffs in an unrelated civil case, unconnected to his work with the former president.

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