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The Georgia Court of Appeals has agreed to review former President Donald Trump’s application to appeal Judge Scott McAfee’s ruling to keep embattled Fulton County District Attorney Fani Willis on the case.
Judge McAfee’s order in March said that special prosecutor Nathan Wade had to be removed in order to keep Willis from disqualification in the Trump election interference case in Georgia. Willis and Wade were alleged to have had an “improper” affair.
Trump and several co-defendants alleged Willis and Wade were romantically involved prior to his hiring and that she financially benefited from the relationship. Both Willis and Wade denied those allegations.
Judge McAfee allowed the defense to appeal his ruling, and the appeals court announced Wednesday that they will hear the defense’s case to still have Willis disqualified.
FANI WILLIS SUGGESTS SHE WON’T TESTIFY IN ‘UNLAWFUL’ GEORGIA SENATE INVESTIGATION
Fulton County District Attorney Fani Willis looks on during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse in Atlanta on March 1. (Alex Slitz-Pool/Getty Images)
“President Trump looks forward to presenting interlocutory arguments to the Georgia Court of Appeals as to why the case should be dismissed and Fulton County DA Willis should be disqualified for her misconduct in this unjustified, unwarranted political persecution,” Trump lawyer Steve Sadow said in a statement.
A court date has not yet been set.
McAfee’s ruling in March said that the defendants “failed to meet their burden of proving that the District Attorney acquired an actual conflict of interest in this case through her personal relationship and recurring travels with her lead prosecutor.”
“However, the established record now highlights a significant appearance of impropriety that infects the current structure of the prosecution team — an appearance that must be removed through the State’s selection of one of two options,” he wrote, adding that Willis and her whole office can choose to step aside, or Wade can withdraw from the case.
Wade subsequently resigned from his post as special prosecutor.
JUDGE DISMISSES SOME COUNTS AGAINST TRUMP IN FANI WILLIS ELECTION INTERFERENCE CASE
Special prosecutor Nathan Wade sits in court during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse in Atlanta on March 1. (Alex Slitz-Pool/Getty Images)
The co-defendants had alleged that Willis benefited financially by hiring Wade because they were in a pre-existing relationship when he was hired in 2021 and would vacation together.
Both Wade and Willis denied they were in a romantic relationship prior to his hiring and that the couple would split the costs of their shared travels; Willis said she reimbursed Wade for her share of the trips in cash.
In his March order, McAfee said while Willis’ “reimbursement practice” was “unusual and the lack of any documentary corroboration understandably concerning,” he ultimately decided that the defendants did not present “sufficient evidence” that expenses weren’t “roughly divided evenly.”
He also said that “the evidence demonstrated that the financial gain flowing from her relationship with Wade was not a motivating factor on the part of the District Attorney to indict and prosecute this case.”
In February, Judge McAfee held a two-day evidentiary hearing where the defense, led by attorney Ashley Merchant, set out to expose a money trail that would mean Willis has a conflict of interest in the case against Trump and should be disqualified.
“[T]he Court finds that the record made at the evidentiary hearing established that the District Attorney’s prosecution is encumbered by an appearance of impropriety,” McAfee wrote in his order.
“As the case moves forward, reasonable members of the public could easily be left to wonder whether the financial exchanges have continued resulting in some form of benefit to the District Attorney, or even whether the romantic relationship has resumed.”
“Put differently, an outsider could reasonably think that the District Attorney is not exercising her independent professional judgment totally free of any compromising influences. As long as Wade remains on the case, this unnecessary perception will persist,” he said.
Both Willis and Wade insisted that their relationship started in 2022, after Wade was hired. But they contradict testimony from Robin Yeartie, a former “good friend” of Willis and past employee at the DA’s office.
Former President Donald Trump gestures outside the Manhattan courtroom during his criminal trial. (Probe-Media for Fox News Digital)
Yeartie said she had “no doubt” that Willis and Wade’s relationship started in 2019, after the two met at a conference.
When the defense in March submitted a joint motion for a Certificate of Immediate Review, McAfee said that his Order on the Defendants’ Motions to Dismiss and Disqualify the Fulton County District Attorney issued March 15 “is of such importance to the case that immediate review should be had” and allowed the defendants to ask the Georgia appeals court for an opportunity to appeal – which the court granted on Wednesday.
Willis and her office are leading the sweeping racketeering cases against the former president and 18 co-defendants.
Fox News’ Claudia Kelly-Bazan contributed to this report.
Brianna Herlihy is a politics writer for Fox News Digital.
