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Fulton County Judge Scott McAfee's decision cleared the way for
the former U.S. president and the others to ask a Georgia state
appeals court to consider whether Willis, the Fulton County
district attorney, should be disqualified over her romantic
relationship with a former deputy, Nathan Wade.
McAfee, who approved the request for an immediate appeal, had
ruled on Friday that Willis and her office could continue
prosecuting the case as long as Wade withdrew, which he agreed
to do. But McAfee said the relationship created an "appearance
of impropriety."
Trump is the Republican candidate challenging Democratic
President Joe Biden in the Nov. 5 U.S. election. The appeal
presents another opportunity for him to delay progress in the
case as he campaigns to win back the presidency. It is one of
four criminal prosecutions for Trump, who has pleaded not guilty
in each and portrayed them as politically motivated.
McAfee indicated he would continue addressing other legal issues
while the appeals court considers whether to take up the
disqualification bid. A trial date has not yet been set.
"The defense is optimistic that appellate review will lead to
the case being dismissed and the D.A. being disqualified," Steve
Sadow, Trump's lead lawyer on the case, said in a statement.
A spokesperson for Willis' office declined to comment on the
appeal, but said prosecutors will work to move the case toward
trial "as quickly as possible."
Trump and the eight co-defendants have argued that Willis
received financial perks from the romance with Wade, giving her
an incentive to prolong the prosecution for her personal
benefit.
Willis has denied receiving an improper benefit and argued that
the relationship had no impact on her handling of the criminal
case.
Trump and 14 co-defendants have pleaded not guilty to
racketeering and other charges stemming from what prosecutors
allege was a scheme to overturn Trump's narrow defeat in Georgia
in the 2020 election. Four others who had been co-defendants in
the case have pleaded guilty in deals with the prosecutors.
(Reporting by Andrew Goudsward; Editing by Scott Malone and
Chizu Nomiyama)
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