On Wednesday, the Georgia Court of Appeals agreed to review a Fulton County Superior Court judge’s decision not to disqualify District Attorney Fani Willis and her office from the 2020 election case against former President Donald Trump due to a personal relationship Willis had with a prosecutor.
Steve Sadow, Trump’s lawyer in the Fulton County case, said on social media that the court had allowed Trump’s appeal of Judge Scott McAfee’s decision to allow Willis to continue heading the prosecution. McAfee’s decision, however, prompted Nathan Wade, a special prosecutor who had a love relationship with Willis, to withdraw from the case. Wade resigned in light of McAfee’s decision.
The Georgia Court of Appeals issued a brief order allowing Trump’s request that it hear his appeal. The timing of the arguments remains uncertain.
“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 stated in a press release.
The district attorney’s office has chosen not to provide any comments.
The Fulton County case
Former President Trump and over a dozen of his associates faced charges in a widespread racketeering case filed by Willis in the previous year. The case alleges their involvement in an illicit scheme aimed at overturning the 2020 election results in Georgia. Trump, along with the 18 co-defendants, pleaded not guilty to the charges. However, four of them eventually agreed to plea deals.
The case took an unexpected turn when Michael Roman, one of the co-defendants, made allegations in January that Willis and Wade had engaged in an inappropriate romantic relationship that started prior to Wade being hired for the election case in November 2021. Roman, an experienced GOP operative, asserted that Willis had gained financial advantages from this relationship, as Wade supposedly used funds received from his work as a special prosecutor to cover expenses for trips, hotel accommodations, and travel.
Trump, Roman, and seven others attempted to have Willis and her office removed from the case, as well as seeking to dismiss the charges against them.
Wade and Willis both admitted to being in a romantic relationship, but they disagreed on when it started. They both appeared in court during a hearing in February, where Willis vehemently defended herself against accusations of misconduct. In their testimonies, they stated that they shared the expenses of their travels, with Willis frequently reimbursing Wade in cash for her portion.
In March, McAfee delivered a long-awaited ruling that dismissed the attempt to remove Willis and her office from the case as long as Wade stepped aside. This ruling allowed the prosecution to continue with the case. However, the judge’s decision was harsh, as he criticized Willis for what he deemed a “significant lapse in judgment.”
In March, a formal application was submitted to appeal McAfee’s decision. The appeals court had 45 days to decide whether they would take up the matter.