Judge Scott McAfee ruled Wednesday that former President Donald Trump and his co-defendants can pursue a pretrial appeal of the decision that let Fulton County District Attorney Fani Willis remain on the election subversion case.
The Superior Court judge’s decision to permit the fast-track appeal effectively keeps the scandal around Ms. Willis’ relationship with special prosecutor Nathan Wade alive — even though Mr. Wade resigned as required by Judge McAfee as a condition of keeping Ms. Willis on the case.
“This is highly significant,” said Steve Sadow, an attorney for Mr. Trump, the presumptive GOP presidential nominee. “The defense is optimistic that appellate review will lead to the case being dismissed and the DA being disqualified.”
Judge McAfee granted the defense’s request for a certificate of review. The document lets the higher courts review the Willis situation before a jury hears the underlying case, though only if the appeals court agrees to take up the matter.
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 what the former president called a rigged 2020 electoral victory for Joe Biden 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 issue turned into a minitrial of Ms. Willis, who had to testify on the timeline and details of her relationship during a multiday evidentiary hearing.
Judge McAfee decided not to boot Ms. Willis from the case, so long as Mr. Wade departed.
The special prosecutor resigned hours later, but the defense isn’t letting the matter go. Mr. Trump and his fellow defendants still believe the case should be dismissed, or at least that Ms. Willis should be disqualified from the prosecution.
If Ms. Willis and her office were ousted, the Prosecuting Attorneys’ Council in Georgia would assign a new prosecutor to the case.
No trial date is set for Mr. Trump and his co-defendants, though pretrial matters such as the Willis affair could delay matters as the ex-president attempts to stretch his legal woes beyond the November election.
In his order Wednesday, Judge McAfee said he intends to take up “many other unrelated pending pretrial motions” while the appeals courts mull the Willis matter.
Mr. Trump faces 10 counts in the case, including a violation of Georgia racketeering laws and several related to alleged conspiracies to commit forgery, make false statements and writings or make false filings.
Eighteen co-defendants face an assortment of charges that at times overlap with those against Mr. Trump.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
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