The Georgia Court of Appeals on Wednesday agreed to review a decision by a Fulton County Superior Court judge who declined to disqualify District Attorney Fani Willis and her office from the 2020 election case against former President Donald Trump. The decision comes after allegations of an improper romantic relationship between Willis and a special prosecutor, Nathan Wade, which Trump's legal team argues should result in Willis' removal from the case.
In March, Judge Scott McAfee issued a ruling that rejected efforts to have Willis and her office kicked off the case, provided that Wade stepped aside. McAfee's decision allowed the prosecution to move forward but was highly critical of Willis, chastising her for what he called a "tremendous lapse in judgement." Following the ruling, Wade resigned from his position as a special prosecutor.
Trump's lawyer in the Fulton County case, Steve Sadow, announced on social media that the Court of Appeals had granted Trump's request to appeal Judge McAfee's decision. In a statement, Sadow said, "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."
The Fulton County case involves a sprawling racketeering indictment brought by Willis last year, accusing Trump and more than a dozen of his allies of engaging in an unlawful scheme to overturn the results of the 2020 election in Georgia. All defendants pleaded not guilty, with four later accepting plea deals.
The case was derailed in January when co-defendant Michael Roman, a longtime GOP operative, accused Willis and Wade of having an improper romantic relationship that began before Wade was hired to work on the election case in November 2021. Roman claimed that Willis financially benefited from the relationship, with Wade allegedly paying for trips, hotel rooms, and travel expenses using money he received through his work as a special prosecutor.
During an evidentiary hearing in February, both Willis and Wade acknowledged their romantic involvement but disputed claims that their relationship began before Wade's hiring. They testified that they split the costs associated with their travels, with Willis often reimbursing Wade in cash for her share. However, a former friend and employee of Willis, Robin Yeartie, contradicted their testimony, stating that she had "no doubt" the relationship started in 2019 after the two met at a conference.
In his March order, Judge McAfee said that while the defendants "failed to meet their burden of proving that the District Attorney acquired an actual conflict of interest," the established record "highlights a significant appearance of impropriety that infects the current structure of the prosecution team." McAfee allowed the defendants to seek review of his ruling from the Georgia Court of Appeals, which has now agreed to take up the matter.
The Court of Appeals' decision to grant Trump's appeal will likely delay the start of any trial in the Fulton County case, which is one of four criminal cases the former president is currently facing as he mounts a third bid for the White House. Trump's first criminal trial is underway in Manhattan, while two other cases brought by special counsel Jack Smith in federal courts in Washington, D.C., and South Florida have had their trials indefinitely postponed.
As the 2024 presidential election approaches, it appears increasingly unlikely that the three outstanding trials against Trump will be held before November. The former president, who is the presumptive Republican nominee, is set to face off against President Biden in a rematch of the 2020 contest.
