ATLANTA (CN) — The judge overseeing the Georgia election interference case against Donald Trump granted a group of defendants' request to appeal his decision permitting Fulton County District Attorney Fani Willis to continue prosecuting the case.
Fulton County Superior Court Judge Scott McAfee issued a “certificate of immediate review,” which allows Trump and others to file the appeal to the Georgia Court of Appeals before trial begins. They have 10 days to file the application. The appellate court will have 45 days decide whether or not to hear the case.
In the meantime, and regardless of the appellate court's response, McAfee said he will address unrelated pending motions, "even if any subsequent appeal is expedited by the appellate court."
On Friday, McAfee ruled that the defendants failed to meet their burden to prove that Willis’ relationship with the special prosecutor on the case, Nathan Wade, was enough of a conflict of interest to merit her disqualification from the case.
But the judge also found an “appearance of impropriety that infects the current structure of the prosecution team” and said either Willis and her office must fully step aside from the case, or Wade must withdraw for the case to proceed. Within hours, Wade submitted his letter of resignation.
The motion for immediate review was filed on Monday by Trump, Rudolph Giuliani, Mark Meadows, Robert Cheeley, Michael Roman, David Shafer, Harrison Floyd and Cathleen Latham. They argued Wade’s resignation was insufficient to counter the appearance of impropriety.
"Defendants believe that the relevant case law requires dismissal of the case, or at the very least, the disqualification of the district attorney and her entire office under the facts that exist here, and the resignation of Mr. Wade is insufficient to cure the appearance of impropriety the court has determined exists," the defendants said in the motion.
The motion highlighted McAfee’s response to the defendants' argument that comments Willis made during a recent speech at an Atlanta church could be considered forensic misconduct.
Although she did not mention anyone specifically by name, Willis referenced the disqualification efforts as “playing the race card” against a certain “Black man,” meaning Wade, and referring to other, unchallenged prosecutors as “one white woman” and “one white man.”
The judge called the remarks “legally improper” but said they did not taint the defendants’ rights to a fair trial.
The defendants also argue Willis has acquired a personal stake in the prosecution that requires appellate review.
“Whether District Attorney Willis and her office are permitted to continue representing the state of Georgia in prosecuting the defendants in this action is of the utmost importance to this case, and ensuring the appellate courts have the opportunity to weigh in on these matters pre-trial is paramount,” the defendants said.
The upcoming appeal adds even more uncertainty to when the election interference case will go to trial. Prosecutors have pushed for an August trial date, but numerous factors and delay attempts from Trump and the other defendants make that timeline unlikely.
With 16 defendants, the racketeering case will also likely be a lengthy trial process as prosecutors want all of them tried together.
Another issue at play is Trump's claim that he is immune from prosecution for any actions he took while president. The U.S. Supreme Court is scheduled to hear his presidential immunity arguments in April and is expected to issue a ruling on the issue before its term ends in June.
The justices' ruling will also affect the federal election interference case against Trump that is expected to proceed to trial before the Georgia case.
Follow @Megwiththenews
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.
