- Judge McAfee allowed the appeal against the ruling that Willis was not disqualified
- The court will continue the preliminary investigation while the state appeals court rules
- Trump has won a series of victories in his efforts to delay cases
Donald Trump may appeal Fulton Superior Court Judge Scott McAfee’s decision that kept Fani Willis in Georgia’s election case.
McAfee has issued a so-called “certificate of immediate review,” allowing Trump and seven of his co-defendants to appeal his ruling to the Georgia Court of Appeals before the trial begins.
In a brief ruling by the judge on Wednesday, he wrote: “The request has been granted.”
In the meantime, the court will continue with other preliminary investigations and domestic matters’regardless of whether the request is granted within 45 days of filing, and even if any subsequent appeal is expedited by the appellate court.”
It was just the latest development with the potential to push back the timetable for a criminal trial against Trump, in a case that has drawn headlines for stunning revelations involving DA Fani Willis.
On Friday, McAfee denied a motion to disqualify Willis from the case because of her relationship with former special prosecutor Nathan Wade.
However, he said their relationship involved a conflict that forced them to make a choice: either she or Wade resign.
Donald Trump may appeal Fulton Superior Court Judge Scott McAfee’s decision holding Fani Willis in Georgia election case
Wade resigned from the case just hours later.
Judge McAfee’s latest ruling also applies to Trump’s co-defendants who want to appeal the judge’s ruling.
It comes days after lawyers for Trump and co-defendants filed an appeal, partly citing “possible unfairness” in testimony following a dispute over when prosecutors began their case. They pointed to some of McAfee’s own language in his ruling that allowed Willis to stay on the case, including decrying some of her behavior as inappropriate.
“In its order, the Court found that District Attorney Willis’ actions had created an appearance of impropriety and an ‘odor of mendacity’ that lingers in this case, as well as of the continuing possibility that ‘an outsider might reasonably believe that officer of Justice Willis does not exercise her independent professional judgment entirely free from compromising influences,” attorneys for Trump, Rudy Giuliani, Mark Meadows and other co-defendants wrote, using the strongest language McAfee included in his ruling.
Fulton County Superior Judge Scott McAfee issued an order allowing an appeal of his own ruling, allowing District Attorney Fani Willis to continue handling Trump and co-defendants’ case, along with the departure of Special Prosecutor Nathan Wade
Attorney Ashleigh Merchant and others continue to try to disqualify District Attorney Fani Willis from the case
Former President Donald Trump continues to attack Willis while criticizing the prosecution
The latest development came hours after attorney Asheigh Merchant, who represents Trump co-defendant Michael Roman, appeared Fox newswhere she talked about the dramatic surprise appearance Willis made on the stand during a hearing to speak about her relationship with Wade.
“What surprised me was that she didn’t bring anything to actually substantiate it,” she said.
“So if anyone accused me of misconduct, I’ll take my phone with me. I’m going to take my text messages with me. I’m going to take my bank details with me. So that surprised me that she had no real proof. We were simply stuck with her word that she had refunded these transactions in cash. I would have brought transaction receipts. “I would have brought a lot of information with me if I had planned to take the stand,” she said.
She accused the prosecutor of keeping an eye on the proceedings as they were going on, although when asked about it, Willis said she noticed the crowds in the area.
‘We are not supposed to watch the proceedings as witnesses while they are underway. The fact that she knew exactly when to come in. I had to ask her about that on the stand, but it looked like she had been watching the proceedings. So that was a little bit surprising too,” she said.
In their appeal argument, defense attorneys argued that Judge McAfee’s March 15 order “substantially” affects their due process rights, saying it could contain “structural flaws” that would require a new trial might require in the case that is already a sprawling post-trial affair. indictment against Trump and 18 co-defendants.
They pointed to other tensions within McAfee’s command, including calling Willis’ speech at a black church in Atlanta “legally inappropriate” while refusing to label it forensic misconduct. Trump lawyer Steven Sadow has repeatedly referred to the speech as a “race card” in the case.