In a surprising move, Judge Scott McAfee ruled Wednesday that Donald Trump and eight Republican co-defendants may appeal McAfee’s decision to allow Fulton County District Attorney Fani Willis to oversee her get-Trump prosecution despite potential conflicts of interest.
“The challenged order is not one of final judgment, and the State has informed the Court that it has complied with the order’s demands,” McAfee wrote. “Thus, unless directed otherwise by an appellate court, supersedeas shall only apply to the order being appealed.”
On Friday, McAfee had ruled that Willis could continue prosecuting the former president and other Republican co-defendants, as long as special prosecutor Nathan Wade withdrew from the case. The decision came despite McAfee finding Willis and Wade’s romantic relationship in which Willis paid Wade taxpayer dollars as part of the prosecution gives an “appearance of impropriety.”
Wade resigned from the case Friday afternoon.
In his certificate of immediate review, McAfee ruled Wednesday that defendants’ motions to dismiss and disqualify Willis “is of such importance to the case that immediate review should be had[.]” He also noted he will continue to oversee “many other unrelated pending pretrial motions” relevant to the case, “regardless of whether the petition is granted Fulton County Superior Court within 45 days of filing, and even if any subsequent appeal is expedited by the appellate court.”
A pretrial motion seeking to disqualify Willis from the case was filed on Jan. 8 by co-defendant Michael Roman, one of 19 Republicans Willis’s office indicted in August for challenging Georgia’s
