The Georgia Court of Appeals has approved Donald Trump’s case to oust Fani Willis from his election fraud trial, dealing yet another setback to the Fulton County District Attorney.
Willis stirred up controversy as she prosecuted the county’s election interference case against Trump, especially when it came to light that she had a previous relationship with special prosecutor Nathan Wade.
She got off with a light punishment when Superior Court Judge Scott McAfee made a dramatic ruling allowing her to remain on the Trump election interference case as long as Wade stepped aside.
Trump and eight other defendants facing charges in Georgia state court have now petitioned the appeals court to reverse McAfee’s ruling from March.
The court has now approved Trump’s appeal to proceed, but there’s still no fixed timeline for when the case will be heard.
The court’s choice to address the appeal prior to the trial might extend the case’s timeline, adding to the delays. This is one of four criminal prosecutions Trump is facing with as as he seeks to unseat Democratic President Joe Biden in the November 5 election.
Trump entered a plea of not guilty and has alleged that prosecutors are engaging in a politically motivated campaign to harm his candidacy.
The court’s move to hear the case comes after testimony in McAfee’s courtroom revealed that Willis and former special prosecutor Nathan Wade admitted to having a sexual relationship.
Attorneys representing Donald Trump and several co-defendants sought to argue that the affair started prior to Willis bringing Wade onto the case, suggesting it created a conflict of interest. However, Willis countered, stating that the relationship turned romantic at a later point.
After a tense evidentiary hearing filled with allegations of extravagant trips and cash reimbursements, McAfee presented the state with two choices: either Willis and her entire team withdraw from the case, or Wade recuse himself from it.
He criticized Willis for a ‘tremendous lapse in judgment’ and for behaving in an “unprofessional manner,” concluding that while there wasn’t an actual conflict of interest, there was at least the perception of one.
Wade stepped back hours after the judge’s decision in March.
Despite being humiliating for prosecutors, McAfee’s ruling enabled the election interference case to proceed.
If the case had been transferred to prosecutors in a different county, it might have caused further delays or even led to a different set of charges.
Wade told ABC News: ‘Workplace romances are as American as apple pie. It happens to everyone. But it happened to the two of us.’ It was his first interview since stepping down from his post.
The state supreme court’s ruling is highly likely to result in delays in the criminal trials for Trump and his co-defendants. They face charges in a wide-ranging racketeering conspiracy related to attempts to overturn the election results in the state.
Even his Stormy Daniels case, which is playing out this week in Manhattan, suffered a delay.
Steven Sadow, one of Trump’s attorneys in the Georgia case, stated firmly in a release that they will continue their efforts to remove Willis from 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,’ Sadow said in a statement.
