ATLANTA — On Wednesday, a Georgia appeals court decided to re-examine a lower court ruling that permitted Fulton County District Attorney Fani Willis to keep handling the election interference case she initiated against former President Donald Trump.
This action is likely to postpone the case and marks the second instance in as many days that the former president has received a favorable ruling that could push any potential trials past the November election, where he is anticipated to be the Republican nominee for president. Just a day earlier, the judge in his Florida classified documents case indefinitely postponed the trial date.
In Georgia, Trump and some other defendants attempted to have Willis and her office removed from the case, alleging that her romantic relationship with special prosecutor Nathan Wade presented a conflict of interest. In March, Superior Court Judge Scott McAfee determined that no conflict of interest existed that should require Willis to step down from the case. However, he granted a request from Trump and the other defendants to seek an appeal of his ruling from the Georgia Court of Appeals.
On Wednesday, the intermediate appeals court agreed to take up the case. Following its decision, the losing side could request the Georgia Supreme Court to consider an appeal.
Trump’s chief lawyer in Georgia, Steve Sadow, mentioned in an email that the former president is eager to present arguments to the appeals court explaining why the case should be dismissed and why Willis “should be disqualified for her misconduct in this unjustified, unwarranted political persecution.”
A spokesperson for Willis declined to comment on the Court of Appeals decision to take up the matter.
In his order, McAfee stated that he planned to continue addressing other pretrial motions “regardless of whether the petition is granted … and even if any subsequent appeal is expedited by the appellate court.” However, Trump and the others could ask the Court of Appeals to halt the case while the appeal is ongoing.
In his order in March, McAfee expressed that the prosecution was “encumbered by an appearance of impropriety.” He mentioned that Willis could only remain involved in the case if Wade departed, and the special prosecutor submitted his resignation hours later.
