Georgia judge allows appeal of ruling keeping DA Fani Willis on Donald Trump election case

Fulton County Superior Judge Scott McAfee presides over a hearing on the Georgia election interference case in Atlanta on March 1. Pool Photo by Alex Slitz/EPA-EFE
Fulton County Superior Judge Scott McAfee presides over a hearing on the Georgia election interference case in Atlanta on March 1. Pool Photo by Alex Slitz/EPA-EFE

March 20 (UPI) -- Fulton County, Ga., Judge Scott McAfee will allow former President Donald Trump and others to immediately appeal his decision to allow District Attorney Fani Willis to remain on the election subversion case.

McAfee issued a brief Wednesday that grants the defendants in the conspiracy case to take that decision to the court of appeals.

The superior court judge wrote that the issue of his decision "is of such importance to the case that immediate review should be had."

McAfee found last week that no conflict of interest had been proven over Willis' romantic relationship with the lead prosecutor in the case as the defense argued, but a reasonable observer could recognize an appearance of a conflict that may undermine public trust in the prosecution.

The court will continue dealing with other pretrial motions, even if the decision is reviewed by the appeals court, McAfee said. Trump and other defendants began the appeals process on Monday.

Fulton County District Attorney Fani Willis appears in court for a hearing in Atlanta on March 1. Pool Photo by Alex Slitz/EPA-EFE
Fulton County District Attorney Fani Willis appears in court for a hearing in Atlanta on March 1. Pool Photo by Alex Slitz/EPA-EFE

Lead prosecutor Nathan Wade resigned Friday, shortly after McAfee ordered that either he or the district attorney's office must be removed from the case. Wade's resignation allows Willis and her team to continue prosecuting Trump and the other defendants on charges they attempted to subvert the results of the 2020 election.

Trump's co-defendant Michael Roman motioned for Willis and Wade to be removed from the case in January, revealing that they were involved in a romantic relationship. Roman's attorney Ashleigh Merchant, and defense attorneys for other defendants, including Trump, alleged that Willis and Wade benefited financially and professionally from prosecuting the case.

Special prosecutor Nathan Wade attends a hearing on the Georgia election interference case in Atlanta on March 1. Pool Photo by Alex Slitz/EPA-EFE
Special prosecutor Nathan Wade attends a hearing on the Georgia election interference case in Atlanta on March 1. Pool Photo by Alex Slitz/EPA-EFE