Former President Donald Trump and eight co-defendants filed an appeal on Friday of a judge’s decision to allow Fulton County District Attorney Fani Willis to continue overseeing their election interference case in Georgia.
Attorneys said in a brief filed with the Georgia Court of Appeals that Judge Scott McAfee made a “legal error” by not dismissing the case and by allowing Willis to remain in charge of the prosecution.
“While the trial court factually found DA Willis’s out-of-court statements were improper and Defendants proved an apparent conflict of interest, the trial court erred as a matter of law by not requiring dismissal and DA Willis’ disqualification,” the attorneys wrote. “This legal error requires the Court’s immediate review.”
Trump and several co-defendants had asked McAfee in January to dismiss the case and to disqualify Willis, arguing the district attorney’s relationship with a special prosecutor presented a conflict of interest that had irreversibly tainted the case. They also argued Willis made inappropriate comments outside of court about the controversy during a speech she gave at an Atlanta church.
McAfee found that while Willis made a “tremendous lapse in judgment,” she could continue prosecuting Trump and his co-defendants so long as she terminated the special prosecutor, Nathan Wade, who resigned immediately upon McAfee issuing his decision.
The appeal on Friday came as expected after McAfee signed off last week on allowing them to file it. The Georgia Court of Appeals has 45 days to decide whether it wants to consider the disqualification argument.
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“Defendants argued in the trial court that the indictment should have been dismissed and, at a minimum, DA Willis and her office should have been disqualified from prosecuting the case,” Trump’s attorney Steve Sadow said in a statement. “The Georgia Court of Appeals should grant the application and accept the interlocutory appeal for consideration on the merits.”
For now, the case will proceed as it normally would in Fulton County while Trump’s appeal is pending.
This story is developing and will be updated.