Judge Allows Trump, Co-Defendants to Appeal Ruling Allowing Fani Willis to Stay on Election-Interference Case

Former president Donald Trump and other defendants in the Georgia election-interference case have the go-ahead to appeal last week’s ruling that allows Fulton County district attorney Fani Willis to continue to lead the prosecution, the judge has determined.

In a short order on Wednesday, Fulton County Superior Court judge Scott McAfee granted the defendants’ request to appeal his Friday ruling to the Georgia Court of Appeals before the trial begins, according to the Atlanta Journal-Constitution. On Monday, eight defendants, including Trump, requested what is known as a “certificate of immediate review” over the ruling.

In his Friday ruling, McAfee found that defense lawyers failed to meet their burden of proving that Willis acquired an actual conflict of interest in the case through her romantic relationship and travels with Nathan Wade, the special prosecutor she hired for the case.

But, McAfee wrote, that there was a “significant appearance of impropriety that infects the current structure of the prosecution team.” To cure the appearance of impropriety, McAfee gave Willis two options: either Wade withdraw or she and her office step aside.

Wade resigned on Friday, saying in a letter that he was doing so “in the interest of democracy, in dedication to the American public, and to move this case forward as quickly as possible.”

Lawyers for the defendants argued that Wade’s resignation was “insufficient to cure the appearance of impropriety the Court has determined exists.” They have expressed particular concern over a speech that Willis gave in church in mid-January, during which she accused defense attorneys of “playing the race card” because both she and Wade are black. Defense lawyers say that was an effort to “inject and infect” the jury pool, and forensic misconduct.

In his ruling, McAfee wrote that “an odor of mendacity remains” over the case, and chided Willis for “making bad choices,” for a “tremendous lapse in judgement,” and for the “unprofessional manner” of her aggressive testimony on the witness stand in February.