A Georgia judge has granted former President Trump and his co-defendants the opportunity to immediately appeal a recent ruling that declined to disqualify Fulton County District Attorney Fani Willis due to her past romantic involvement with a top prosecutor overseeing an election interference case.
Judge Scott McAfee’s brief order, issued on Wednesday, approved the certificate of immediate review requested by Trump and eight co-defendants in the extensive racketeering case. They now plan to petition the Georgia Court of Appeals to intervene in the disqualification dispute before the trial proceeds.
Trump’s lead Georgia attorney, Steve Sadow, emphasized the significance of this development, expressing optimism that appellate review could lead to the dismissal of the case and Willis’s disqualification.
“This is highly significant,” Steve Sadow, Trump’s lead Georgia attorney, said in a statement.
“It means the defense is permitted to apply to the Georgia Court of Appeals for pretrial review of the Judge’s order refusing to dismiss the case or disqualify Fulton County DA Willis,” he added. “The defense is optimistic that appellate review will lead to the case being dismissed and the DA being disqualified.”
However, McAfee clarified that proceedings in his court would continue unabated despite the appeal process. He affirmed the intention to address other pending pretrial motions, regardless of the outcome of the petition or any subsequent expedited appeal.
Trump and his associates face accusations of racketeering and other criminal charges related to an alleged conspiracy to overturn Joe Biden’s victory in Georgia during the 2020 election. Trump has pleaded not guilty to these charges and those in three other criminal cases.
The defendants seek to remove Willis and her office from the case due to her past relationship with Nathan Wade, a special prosecutor involved in the investigation into Trump. After a series of hearings and revelations about the romantic involvement, McAfee ruled that Willis could continue if Wade resigned. Wade subsequently stepped down.
Now, Trump’s legal team aims to challenge the ruling in a higher state court, hoping to reverse the decision, delay the case, or dismiss the charges altogether. They argue that the past relationship constitutes a conflict of interest, a claim contested by the district attorney’s office.
The defendants underscored the importance of the March 15 ruling to the case’s outcome and the need for appellate review given the lack of guidance on key issues and the potential for errors to necessitate retrials. They stressed the significance of obtaining immediate review in the interest of due processs.
