Former President Donald Trump has taken another step in his ongoing legal battle against Georgia prosecutor Fani Willis by appealing to the Georgia Court of Appeals to disqualify her from the case. Last week, the appeals court agreed to hear Trump's challenge, along with several co-defendants in the case, claiming that Willis should be disqualified due to an "improper" affair with special counsel Nathan Wade.
The appeal filing by the former president's lawyers marks the latest development in a months-long effort to remove Willis from the case against Trump and about a dozen other co-defendants. Willis, a Democrat, was appointed by Wade to lead the prosecution back in November 2021. However, Trump and his allies allege that Willis began a romantic relationship with Wade before his appointment and that she financially benefited from the relationship.
Willis and Wade have both vehemently denied these allegations, stating that their relationship began after his appointment and denying any misuse of funds. However, Judge Scott McAfee of the Fulton County Superior Court acknowledged in March that there is "a significant appearance of impropriety" that impacts the current structure of the prosecution team. As a result, he ruled that Wade had to be removed from the case, and the defendants were allowed to appeal the decision.
Trump and his co-defendants have also raised concerns about Willis' reimbursement practices and alleged that she misappropriated taxpayer dollars during her relationship with Wade. While McAfee described Willis' practices as "unusual," he ultimately concluded that they did not influence her decision to prosecute the case. Wade ultimately resigned from his post as special prosecutor, but the defendants are still seeking to disqualify Willis from the case.
The appeal filing has now been submitted to the Fulton County Superior Court Clerk, who will prepare the official record and send it to the Court of Appeals. The earliest possible hearing date for the appeal is August, with the latest being in spring 2025. Trump's lawyer Steve Sadow has stated that the former president looks forward to presenting his arguments to the appeals court and seeking the dismissal of the case, as well as the disqualification of Willis for her alleged misconduct.
Judge McAfee's ruling in March reflected the conflicting evidence presented by both sides in the case. While he recognized the appearance of impropriety, he also noted that the defendants did not provide sufficient evidence to prove that Willis and Wade's relationship impacted the prosecution's decision. The defendants will now have the opportunity to present their arguments once again to the Court of Appeals and try to make a stronger case for the disqualification of Willis.
This ongoing legal battle has been a point of contention for Trump and his team since the initial charges were filed against him in August 2021. He has denied all wrongdoing and pleaded not guilty to the 10 criminal counts he is facing in the election racketeering case.
So far, none of his cases, except for his hush money case in Manhattan, have set trial start dates. Trump's legal team has been accused of seeking to delay his trials as he pursues a third campaign for the White House.
The decision of the Georgia Court of Appeals in this case will have significant implications for the future of the prosecution against Trump and his co-defendants. If the court rules in favor of the defendants and disqualifies Willis, it could potentially delay the trial and raise questions about the integrity of the case.
However, if the court upholds Judge McAfee's ruling, the prosecution will continue to move forward with a new special counsel appointed by Willis. This case is just one of the many ongoing legal battles that former President Trump is facing as he continues to remain in the public eye.