The judge overseeing the Georgia 2020 election interference case cleared the way Wednesday for Donald Trump and other defendants to appeal a ruling allowing Fulton County District Attorney Fani Willis to remain on the prosecution.
Superior Court Judge Scott McAfee granted a request by defense attorneys seeking permission to ask the Georgia Court of Appeals to review the judge’s decision. It will be up to the appeals court to decide whether to hear it.
McAfee last week refused to disqualify Willis from the case or dismiss the indictment over her romantic relationship with special prosecutor Nathan Wade. The judge said Willis can remain on the most sprawling of four criminal cases against the former president as long as Wade resigns, which Wade did on Friday.
But the judge also rebuked Willis for her “tremendous” lapse in judgment and questioned the truthfulness of Wade’s and her testimony about the timing of their relationship. While the judge did not find the relationship created a conflict of interest that should force Willis off the case, he said an “appearance of impropriety” infected the prosecution team.
Attorneys for Trump and the other defendants said in court papers on Monday that Wade’s resignation was not enough to correct that. Defense lawyers say a failure to remove Willis could imperil any convictions and force a retrial if an appeals court later finds it was warranted.
Trump attorney Steve Sadow called the judge’s decision to allow the appeal “highly significant.”
“The defense is optimistic that appellate review will lead to the case being dismissed and the DA being disqualified,” Sadow said in an email.
Jeff DiSantis, a spokesman for the district attorney’s office, noted in a text message that the case had not been put on hold, so he said the office will “work to move it forward to trial as quickly as possible.” The district attorney’s office will only comment on the…
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