Lawyers for former President Donald J. Trump and eight co-defendants in a Georgia election interference case have asked an appeals court to take up their challenge of a judge’s ruling allowing the prosecutor, Fani T. Willis, to remain on the case. The defendants argue that Willis created a conflict of interest by having a romantic relationship with the special prosecutor she hired to manage the Trump case. The presiding judge had given the defendants permission to pursue their appeal, but approval from the Georgia Court of Appeals is also required for the matter to be heard by a panel of three appellate judges. The court has 45 days to decide whether to grant or deny the appeal application.
The effort to disqualify Willis involved hearings that delved into details about her personal life, including vacations she took with the special prosecutor, Nathan J. Wade. Judge McAfee criticized Willis for a lapse in judgment in dating Wade and raised questions about the truthfulness of their testimony. However, he found only an “appearance of impropriety” and ruled that Willis and her office could stay on the case if Wade stepped away, which he did by resigning. The defense lawyers argue in their filing that Willis also needs to be disqualified from the case, calling the failure to do so legal error requiring reversal.
The criminal charges against Mr. Trump and his allies in the Georgia case involve efforts to overturn the 2020 election results in the state, with four defendants taking plea deals. The case is one of four criminal cases facing Mr. Trump, with trial dates set in one case for April 15 and others pending. Judge McAfee recently ruled that a pretrial appeal can be sought by Harrison Floyd, a co-defendant in the case who led a group called Black Voices for Trump. Floyd must also secure the approval of the appellate court before the appeal can proceed. It is unclear whether the Georgia case will go to trial before the November election, given the ongoing legal proceedings and appeal efforts.
The drama surrounding the disqualification appeal and other pretrial motions has served as a distraction from the criminal charges against Mr. Trump and his co-defendants. The indictment in August described numerous efforts to overturn the election results in Georgia, and the legal battles are likely to continue as the November election approaches. As the defense lawyers engage in delaying tactics in each of the cases Mr. Trump is facing, it remains to be seen when and if the trials will take place. Judge McAfee has stated that he will address other pretrial motions regardless of the appeals court’s decision on the disqualification effort.
