In the Georgia election interference case against former President Trump, co-defendants have submitted appeals to the Georgia Court of Appeals seeking the disqualification of Fulton County District Attorney Fani Willis.
The appeals court recently agreed to review the case raised by Trump and other co-defendants, arguing that Willis should be removed from the case due to an alleged “inappropriate” relationship with special counsel Nathan Wade, whom she appointed.
Mark Meadows, Rudy Giuliani, Cathy Latham, and Michael Roman lodged their appeals on Monday, joining former Georgia GOP leader David Shafer in initiating the briefing procedures before the court, as reported by WSB-TV.
In March, Fulton County Superior Court Judge Scott McAfee decided that Wade must be dismissed to prevent Willis from being disqualified in the extensive racketeering case involving Trump.
Trump and multiple co-defendants claimed that Willis and Wade had a romantic relationship before his appointment, and that she received financial benefits from this association. Both Willis and Wade refuted these accusations.
Judge McAfee permitted the defense to challenge his decision, and the appeals court confirmed last week that they would review the defense’s argument to disqualify Willis.
“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,” according to a statement by Trump’s attorney, Steve Sadow.
The date for the court hearing has not been scheduled yet.
In March, Judge McAfee’s decision stated that the accused parties “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 added, saying, that Willis and her entire team have the option to recuse themselves, or Wade can opt to remove himself from the case.
Following the allegations, Wade stepped down from his role as special prosecutor.
The co-defendants claimed that Willis had a financial interest in hiring Wade due to their pre-existing relationship and shared vacations. Wade and Willis refuted the claims of a romantic involvement before his appointment and clarified that they divided the expenses of their trips. Willis stated that she reimbursed Wade in cash for her portion of the travel expenses.
In the March directive issued by McAfee, he mentioned that although 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.”
During February, Judge McAfee conducted a two-day evidentiary hearing where the defense, led by attorney Ashley Merchant, aimed to uncover a financial connection that would indicate a conflict of interest on Willis’ part in the case against Trump, leading to her disqualification.
“[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.
In March, when the defense filed a joint motion for a Certificate of Immediate Review, McAfee emphasized the significance of his Order on the Defendants’ Motions to Dismiss and Disqualify the Fulton County District Attorney issued on March 15.
He stated that the matter was crucial to the case and warranted immediate review. As a result, the defendants were granted permission to request an appeal from the Georgia appeals court, which was approved on Wednesday.
