Former President Donald Trump and other defendants in Georgia's election interference case filed court papers Monday seeking to appeal a judge's ruling not to disqualify Fulton County District Attorney Fani Willis from their prosecution.
The resignation of the special prosecutor with whom Willis had a romantic relationship is not enough to correct the appearance of impropriety the judge found, attorneys for Trump, former New York Mayor Rudy Giuliani and six other defendants said in a court filing.
“Whether District Attorney Willis and her Office are permitted to continue representing the State of Georgia in prosecuting the Defendants in this action is of the utmost importance to this case, and ensuring the appellate courts have the opportunity to weigh in on these matters pre-trial is paramount,” they wrote.
The filing asks Fulton County Superior Court Judge Scott McAfee to grant a certificate that would allow his decision to be reviewed by the Georgia Court of Appeals.
McAfee ruled Friday that special prosecutor Nathan Wade had to leave the case or Willis couldn’t continue to pursue the charges. Wade later resigned, allowing Willis to remain on the most sprawling of four criminal cases against the presumptive Republican nominee in the 2024 presidential election.
McAfee did not find that Willis’ relationship with Wade amounted to a conflict of interest but said the allegations created an “appearance of impropriety” that infected the prosecution team.
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