Georgia Appeals Court to Hear Trump’s Appeal in Election Interference Case

The Georgia State Court of Appeals announced on Wednesday that it would entertain an appeal from Donald Trump regarding an order permitting Fani Willis, the district attorney, to continue prosecuting his election interference case in Fulton County.

In a concise one-page order, the appeals court agreed to Trump’s challenge of the decision not to disqualify Willis due to her relationship with Nathan Wade, a special prosecutor she appointed for the Trump case. Scott McAfee, the trial judge overseeing the case, had ruled in March that Willis could remain on the case as long as Wade resigned, which he promptly did on the same day McAfee issued his decision. Trump now has a window of 10 days to file a notice of appeal, according to the court.

Trump’s legal team had previously urged the court of appeals to address the case in March and clarify the standards for disqualifying a prosecutor.

Steve Sadow, Trump’s attorney, expressed Trump’s anticipation to present arguments to the Georgia Court of Appeals, asserting why the case should be dismissed and why Willis should be disqualified due to her alleged misconduct in what he described as an “unjustified, unwarranted political persecution.”

The decision to grant the appeal marks a notable victory for Trump, potentially delaying the trial until after the November election. It also allows Trump and his legal team to continue casting doubt on Willis’s credibility and judgment. McAfee had already criticized Willis for her conduct, denoting a “tremendous lapse in judgment.”

Trump’s attorneys may request the court to suspend the trial pending the appeal’s outcome. Alternatively, the appeal may not immediately halt the prosecution as McAfee addresses pending motions. However, if the appeals court orders Willis’s removal, it could effectively reset the lengthy case, requiring the appointment of a new prosecutor to oversee proceedings.

Last month, prosecutors had urged the appeals court to refrain from hearing the appeal, dismissing it as a reflection of the applicants’ dissatisfaction with the trial court’s application of established law.

The case involves Trump and more than a dozen allies who were charged last year with racketeering over attempts to overturn the 2020 election. Trump and his co-defendants sought to dismiss the case, citing Willis’s relationship and her remarks at a Black church in Atlanta, which they deemed racially motivated criticism.

In a recent interview with ABC News, Wade defended his relationship with Willis, labeling workplace romances as common occurrences. He expressed regret that their private matter overshadowed the significance of the prosecution.

The appeals court’s decision follows a day after Judge Aileen Cannon postponed Trump’s trial in Florida indefinitely for charges related to retaining classified documents at his Mar-a-Lago club.