A Georgia judge ruled Wednesday that former President Donald Trump and his co-defendants can appeal the decision that kept Fulton County District Attorney Fani Willis on the election interference case.
Superior Court Judge Scott McAfee issued a certificate of immediate review, clearing the way for Trump and eight co-defendants to seek appellate review. The Georgia Court of Appeals has 45 days from the March 15 order to decide whether to hear the case.
What Happened
McAfee previously declined to disqualify Willis from the case but ordered that either Willis or her romantic partner, outside prosecutor Nathan Wade, step down. Wade resigned shortly after the ruling.
In his decision, McAfee noted an “odor of mendacity” in Willis’s testimony about her relationship with Wade, though he did not find her guilty of perjury or financial misconduct.
The case centers on allegations that Trump and 18 co-defendants conspired to overturn the 2020 presidential election results in Georgia. Trump has pleaded not guilty to racketeering charges.
Legal Implications
Andrew George, a trial attorney and adjunct professor at Georgetown Law Center, told USA TODAY that Willis’s testimony performance creates ongoing scrutiny. “She survived today; she survived this opinion, but this is not going away,” George said.
Anthony Michael Kreis, a law professor at Georgia State University, said Willis faces minimal risk of disciplinary action from the State Bar of Georgia. “Unless there’s just incredibly inculpatory evidence to suggest that she received some kind of kickback, I just don’t see anything really coming out from that,” Kreis explained to USA Today.
Legal analyst Harry Litman has suggested the prosecution remains “tainted” despite Wade’s departure from the case.
What Comes Next
The appellate court must decide within 45 days whether to accept the appeal. McAfee’s ruling provided detailed findings favoring Willis’s ability to continue the prosecution.
Willis has maintained that her relationship with Wade did not influence the merits of the case against Trump.
This story has been updated. CNN’s legal team contributed to this report.
