Judge clears way for Trump to appeal ruling keeping Fani Willis on Georgia 2020 election case

ATLANTA– The judge overseeing Georgia’s election interference case is allowing Donald Trump to appeal a ruling that leaves Fulton County District Attorney Fani Willis on the prosecution.

Supreme Court Justice Scott McAfee on Wednesday granted a request from attorneys asking the Georgia Court of Appeals to review the judge’s decision. It is now up to the Court of Appeal to decide whether the trial court will hear the case.

In a ruling last week, McAfee denied the defense’s request to disqualify Willis from the case or dismiss charges over her romantic relationship with special prosecutor Nathan Wade. The judge said Willis can remain on the case as long as Wade resigns, which Wade did Friday.

But the judge also reprimanded Willis for her “massive” error in judgment and questioned the veracity of Wade’s and her testimony about the timing of their relationship.

Wade’s resignation allowed Willis to remain involved in the most extensive of four criminal cases against the presumptive Republican nominee in the 2024 presidential election.

But the long-term damage to public perception of the prosecutor remains unclear, especially in light of Trump’s relentless barrage of attacks on the pair who vowed to hold Trump accountable but found their own actions under a public microscope.

Wade tendered his resignation in a letter to Willis, saying he was doing so “in the interests of democracy, out of commitment to the American public and to move this matter forward as quickly as possible.”

“I will always remember – and will remind everyone – that you were brave enough to come forward and undertake the investigation and prosecution of allegations that the defendants in this case were involved in a conspiracy to influence the presidential election of 2020 in Georgia,” Willis wrote.

Trump’s team thought differently.

In a social media post, Trump said the “Fani Willis lover” had “resigned in disgrace,” and Trump repeated his claim that the case is an attempt to damage his campaign to win back the White House in November. Trump has denied doing anything wrong and has pleaded not guilty.

Lawyers for Trump and the other defendants had said the failure to depose Willis could jeopardize any convictions and force a new trial if an appeals court later rules it was warranted.

“Neither the Court nor the parties should run the unnecessary risk of having to go through that process more than once,” they wrote.