Judge allows Trump and co-defendants to appeal order letting Fani Willis continue on 2020 election case

Jason Morris, CNN | 3/21/2024, 12:04 p.m.
A Georgia judge on Wednesday greenlit an effort by former President Donald Trump and his co-defendants to appeal the decision …
Fulton County Superior Judge Scott McAfee presides at the Fulton County Courthouse on February 27, in Atlanta. Mandatory Credit: Brynn Anderson/Pool/Getty Images via CNN Newsource

A Georgia judge on Wednesday greenlit an effort by former President Donald Trump and his co-defendants to appeal the decision to allow Fulton County District Attorney Fani Willis to continue to prosecute the 2020 election subversion case there.

Fulton County Superior Court Judge Scott McAfee, who ruled last week against the defendants’ efforts to disqualify Willis, has issued a certificate of immediate review, allowing the case to be revealed by a Georgia Appeals Court.

The issue “is of such importance to the case that immediate review should be had,” McAfee wrote.

The move doesn’t pause the prosecution but allows appeals on the disqualification effort to play out before trial.

It is now up to the Georgia Court of Appeals to review the decision not to disqualify Willis and decide if it wants to take up the case. While McAfee’s ruling last week allowed Willis to stay on the case, it forced the resignation of her top deputy on the case, Nathan Wade.

Trump and his co-defendants have argued that a romantic relationship between Willis and Wade created a conflict of interest that should disqualify the both of them.

Steve Sadow, the lead defense counsel for Trump in the case, called Wednesday’s motion by McAfee “highly significant.”

“The defense is optimistic that appellate review will lead to the case being dismissed and the DA being disqualified,” Sadow said in a statement.

This story has been updated with additional background information.

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