Judge Scott McAfee of the Fulton County Superior Court cleared the path for former President Donald Trump and his co-defendants to appeal the ruling against disqualifying District Attorney Fani Willis.
McAfee granted a certificate of immediate review which allows 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,” said Steve Sadow, the former president’s lead Georgia attorney, in a statement, 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.”
McAfee ruled on March 15 that either the Fulton County District Attorney or the special prosecutor she had appointed, Nathan Wade, must leave the case. Willis had been accused of hiding her romantic relationship with Wade and financially benefitting from his hiring. McAfee ruled there was an “appearance of impropriety.”
“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.”
Wade resigned hours after McAfee’s decision was released.
“I am offering my resignation in the interest of democracy, in dedication to the American public, and to move this case forward as quickly as possible,” said Wade in his letter to Willis. “I am proud of the work our team has accomplished in investigating, indicting, and litigating this case. Seeking justice for the people of Georgia and the United States, and being part of the effort to ensure that the rule of law and democracy are preserved, has been the honor of a lifetime.”
Willis responded to Wade’s letter and praised him for “the professionalism and dignity” he had shown.
“I will always remember – and will remind everyone – that you were brave enough to step forward and take on the investigation and prosecution of the allegations that the defendants in this case engaged in a conspiracy to overturn Georgia’s 2020 Presidential Election,” she said.
