Fulton County Judge Scott McAfee on Wednesday cleared the way for former President Donald Trump to appeal the judge’s ruling that ultimately kept Fulton County DA Fani Willis on the election interference case.
McAfee granted the joint request from Trump and some of his codefendants to obtain a certificate of immediate review — which allows them now to appeal the ruling up to the Georgia Court of Appeals.
McAfee in his order said the order “is of such importance to the case that immediate review should be had.”
It will now be up to the Georgia Court of Appeals to determine whether or not to take the issue.
Fulton County District Attorney Fani Willis looks on during a hearing on the Georgia election interference case, March, 1, 2024, in Atlanta.
Alex Slitz/AP
McAfee said he intends to keep moving forward with the case while Trump and his codefendants pursue their appeal.
“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,” the order said.
Trump’s attorney in a statement called the move from McAfee “highly significant.”
“The defense is optimistic that appellate review will lead to the case being dismissed and the DA being disqualified,” said Steve Sadow, Trump’s attorney.
The DA’s office in a statement highlighted the McAfee’s decision to keep the case moving, saying they will “work to move [the case] forward to trial as quickly as possible.”
“As the case is not stayed during the appeal, this office will work to move it forward to trial as quickly as possible,” spokesperson Jeff Disantis said in a statement. “We will limit our comment on the appellate matter to what we file with the Court of Appeals during the briefing process.”
Nathan Wade, the lead prosecutor in Trump’s election interference case, resigned Friday as special prosecutor following a ruling by McAfee. Wade’s resignation came hours after McAfee declined to outright disqualify Willis, but ruled either she or Wade must step aside from the case due to a “significant appearance of impropriety” stemming from a romantic relationship between Willis and Wade.
Former President Donald Trump has been granted permission to appeal a ruling by Fulton County District Attorney Fani Willis that disqualified her from prosecuting him in a criminal investigation. The ruling, made by Superior Court Judge Ural Glanville, allows Trump to challenge the decision that Willis should be removed from the case due to a potential conflict of interest.
The investigation in question revolves around Trump’s alleged attempts to influence the 2020 presidential election in Georgia. Willis had been leading the probe, which focused on a phone call between Trump and Georgia Secretary of State Brad Raffensperger in which Trump urged Raffensperger to “find” enough votes to overturn the election results in the state.
In her disqualification ruling, Willis cited a potential conflict of interest due to her previous conversations with potential witnesses in the case. She argued that her involvement could create the appearance of bias and compromise the integrity of the investigation.
However, Trump’s legal team has argued that Willis’ disqualification was unjustified and that she should be allowed to continue leading the investigation. They have also raised concerns about the impartiality of Judge Glanville, who previously worked as a prosecutor in Willis’ office.
The decision to grant Trump permission to appeal the ruling has sparked debate among legal experts and political commentators. Some believe that Trump should have the opportunity to challenge the disqualification, while others argue that Willis’ concerns about a conflict of interest are valid and should be upheld.
The outcome of the appeal could have significant implications for the ongoing investigation into Trump’s actions in Georgia. If Trump is successful in overturning Willis’ disqualification, it could potentially delay or derail the investigation, raising questions about accountability and justice in cases involving powerful political figures.
As the legal battle continues to unfold, all eyes will be on the courts to see how they navigate the complex issues at play and ultimately determine the fate of the investigation into Trump’s alleged election interference in Georgia.
