The Georgia Court of Appeals has granted an application from former President Donald Trump to appeal a lower court’s ruling that allowed Fulton County District Attorney Fani Willis to remain on the election interference case.
Trump’s legal team has 10 days to file a notice of appeal, the order states.
The decision was met with gratitude by Steve Sadow, Trump’s lead attorney in the case.
"President Trump looks forward to presenting interlocutory arguments to the Georgia Court of Appeals as to why the case should be dismissed and Fulton County DA Willis should be disqualified for her misconduct in this unjustified, unwarranted political persecution," he said in a statement, per Axios. The GA Court of Appeals has GRANTED President Trump's Application for Interlocutory Appeal from the trial court's order refusing to disqualify Fulton County DA Fani Willis!!!
— Steve Sadow (@stevesadow) May 8, 2024
After the court of appeals ruling, the losing side can appeal to the Supreme Court of Georgia.
A spokesperson for Willis did not provide a comment on the Court of Appeals decision, per AP.
The court has yet to set a date.
“The appeals court’s decision to consider the case seems likely to cause a delay in [the] case and further reduce the possibility that it will get to trial before the November general election, when Trump is expected to be the Republican nominee for president,” the outlet reports.
In March, Fulton County Superior Court Judge Scott McAfee ruled that Willis’ romantic relationship with the special prosecutor she appointed to the case gave the "appearance of impropriety.” He ordered that Willis and her office must be recused from the case or that the DA must dismiss the special prosecutor, Nathan Wade.
“As the case moves forward, reasonable members of the public could easily be left to wonder whether the financial exchanges have continued resulting in some form of benefit to the District Attorney, or even whether the romantic relationship has resumed,” the judge wrote in his decision. “Put differently, an outsider could reasonably think that the District Attorney is not exercising her independent professional judgment totally free of any compromising influences.”
“As long as Wade remains on the case, this unnecessary perception will persist,” said McAfee.
Wade resigned hours after McAfee’s decision was released.
McAfee did not find that there had been an “actual conflict” because of the relationship.
“Even if the romantic relationship began after SADA Wade’s initial contract in November 2021, the District Attorney chose to continue supervising and paying Wade while maintaining such a relationship. She further allowed the regular and loose exchange of money between them without any exact or verifiable measure of reconciliation,” stated the judge.
"Without sufficient evidence that the District Attorney acquired a personal stake in the prosecution, or that her financial arrangements had any impact on the case, the Defendants’ claims of an actual conflict must be denied," he wrote.
Days later, McAfee granted a certificate of immediate review which allowed an appeal to move forward. The development is a win for Trump and eight of his co-defendants in the Georgia election interference case.
“This is highly significant,” Sadow said in a statement at the time, per The Hill. “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… The defense is optimistic that appellate review will lead to the case being dismissed and the DA being disqualified.”
In his March 20 ruling, McAfee wrote that the “challenged order is not one of final judgment, and the State has informed the Court that it has complied with the order’s demands.”
“Thus, unless directed otherwise by an appellate court, supersedeas shall only apply to the order being appealed,” wrote the judge. “The Court intends to continue addressing the many other unrelated pending pretrial motions, regardless of whether the petition is granted within 45 days of filing, and even if any subsequent appeal is expedited by the appellate court.”
Trump faces over half a dozen counts connected to alleged attempts to flip 2020 election results in Georgia.
Hannah Claire Brimelow contributed to this report
