Former President Donald Trump and seven co-defendants in the Georgia election subversion case asked an Atlanta judge Monday for permission to appeal his decision allowing Fulton County District Attorney Fani Willis to remain on the case.
Mr. Trump and others filed a “certificate of immediate review” that says Judge Scott McAfee’s ruling raised several doubts about Ms. Willis’s relationship with special prosecutor Nathan Wade during his work on the case.
It also said there are questions about which legal precedents should apply in this situation and that the appellate courts need to weigh in.
Judge McAfee issued a major ruling on Friday that denied the defense’s request to boot Ms. Willis from the case.
Mr. Wade resigned hours later, as required by the conditions of the ruling, though attorneys for Mr. Trump and his allies say the situation still smells bad.
“The motion notes that the court found that Willis’ actions created an appearance of impropriety and an ‘odor of mendacity’ that lingers in this case, but it nonetheless refused to dismiss the case or disqualify her,” Trump attorney Steve Sadow said.
The certificate, if granted by Judge McAfee, allows for an appeal of the Willis decision before the trial, but only if the appellate court agrees to take up the issue.
Ms. Willis began investigating Mr. Trump three years ago, based on his efforts to pressure Georgia Secretary of State Brad Raffensperger to dig up enough votes to overturn President Biden’s 2020 electoral victory in the state. A grand jury last year indicted Mr. Trump and his associates.
Ms. Willis was forced to defend her relationship with Mr. Wade, whom she hired as a special prosecutor in November 2021, after co-defendant Michael Roman filed a motion saying the couple had a financial conflict because they enjoyed meals and trips together while Mr. Wade received taxpayer money.
The filing on Monday signals the defense isn’t about to let the issue go, and they plan to seek redress from the higher courts — something that could delay or cripple the case against Mr. Trump as he campaigns as the presumptive GOP nominee.
“Defendants believe that the relevant case law requires dismissal of the case, or at the very least, the disqualification of the District Attorney and her entire office under the facts that exist here, and the resignation of Mr. Wade is insufficient to cure the appearance of impropriety the Court has determined exists,” the motion says.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
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