Fulton County Superior Court Judge Scott McAfee on Wednesday determined former President Donald Trump and eight of his co-plaintiffs may appeal his decision against disqualifying District Attorney Fani Willis from her election case against the former president.
McAfee wrote in his decision that the question of impropriety between Willis and Nathan Wade, her former lover who she appointed as special prosecutor and paid more than $650,000 in taxpayer money, “is of such importance to the case that immediate review should be had.”
Steve Sadow, the defense attorney representing Trump in Georgia, announced the decision in a post to the social media platform X.
“Judge McAfee has granted a certificate of immediate review permitting us to apply to the [Georgia] Court of Appeals for a pretrial appeal of his order denying disqualification of DA Willis,” wrote Sadow.
Judge McAfee has granted a certificate of immediate review permitting us to apply to the GA Court of Appeals for a pretrial appeal of his order denying disqualification of DA Willis. pic.twitter.com/2Oip7wQCB5
— Steve Sadow (@stevesadow) March 20, 2024
Because the ruling was made in McAfee’s court prior to the conclusion of the court case, the judge was required to approve any request to appeal immediately his decision. McAfee indicated in his ruling that he intends to “continue addressing the many other unrelated pending pretrial motions, regardless” of whether an appeal is granted.
An appellate court must now decide whether to hear the case for Willis to be disqualified from the case.
David Shafer, the former chair of the Georgia Republican Party who is a co-defendant in the case, recently confirmed his interest in the appeal and denied rumors he’s discussed plea deals with prosecutors.
He wrote, “I am innocent, have not considered any ‘plea deals,’ and will fight this wrongful prosecution with all my strength.” He later shared McAfee’s order notifying defendants the appeal was granted.
Trump, Shafer and seven other defendants in the Trump election case allege that Willis began her romantic relationship with Wade as early as 2019, and thus had a financial incentive to hire him to oversee her case against the former president.
Willis and Wade both swore in court documents and separately testified their romantic relationship began in early 2022. He was appointed by Willis in November 2021.
Over the course of the court proceedings aimed at disqualifying Willis, it was revealed that Wade paid for luxurious vacations the couple shared using his company credit card. Willis later testified that she reimbursed Wade for these trips with unrecorded cash transactions and by paying for incidental travel expenses and excursions.
McAfee ultimately decided against disqualifying Willis on Friday, but determined that either she or Wade must leave the case to continue. The special prosecutor resigned from Willis’ team on Friday afternoon.
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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Georgia Star News, The Virginia Star, and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
Photo “Fani Willis” by Fulton County District Attorney’s Office.
