The Georgia Court of Appeals has agreed to review a trial court judge’s ruling, which permitted Fulton County District Attorney Fani Willis to remain on the high-profile case involving former President Donald Trump. However, she was required to remove a special prosecutor from the case to avoid the appearance of impropriety.
“Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby GRANTED,” reads the May 8 order.
President Trump and eight co-defendants seeking a review will have a window of 10 days to submit their appeal.
Last August, he and 14 others were charged under the state’s Racketeer Influenced and Corrupt Organizations (RICO) Act. Prosecutors claimed that their efforts to contest the 2020 election results constituted a criminal conspiracy.
After revelations that Nathan Wade, the outside attorney Ms. Willis hired to lead the case, had been engaged in an affair with Ms. Willis during the investigation for the case, the trial court judge held a days-long evidentiary hearing.
Fulton County Superior Court Judge Scott McAfee ultimately found that the appearance of impropriety caused by the relationship, which ended just before the indictment was handed up, could be remedied by the removal of Mr. Wade alone.
Defendants sought a review of the decision, and Judge McAfee on March 29 allowed them to take the matter to the appeals court. In the meantime, the judge continued to rule on pretrial motions.
If Ms. Willis and her office are disqualified from the case, a state board would have to appoint a new prosecutor.
If another team takes over the case, charges might be dropped or added, leading to further legal proceedings. Prosecutors might also opt to drop the case altogether.
While the district attorney has requested an August trial, counsel for President Trump argued that a trial that overlaps with the general election would be clear “election interference.” The case is estimated to need three to five months, and the judge has not yet set a trial date.
Meanwhile, President Trump faces three other criminal cases and is currently on trial in New York. Prosecutors in his two other cases are also pushing to bring cases to trial before the November election.
The judge had not set a trial date in Georgia.
Judge McAfee has also indicated that it’s probable the case will be severed, with the 15 defendants tried in two or three separate groups.
Prosecutors say the case will take three to five months each time, as they have been charged under RICO and the entire case will need to be presented each time to prove a conspiracy.
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