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Defendants can appeal decision to keep Fani Willis on Trump case, judge rules

The judge overseeing the election interference criminal case against Donald Trump and others in Georgia on Wednesday ruled that the defendants can appeal the decision to allow the prosecutor Fani Willis to remain on the case despite a past romantic relationship with her deputy.

Last Friday the judge, Scott McAfee, ruled that Willis, the Fulton county district attorney, could continue to head the prosecution of Trump for trying to undermine the 2020 presidential election in the state, as long as the top deputy agreed to step down.

The defense can now appeal that ruling to the Georgia court of appeals.

“This is highly significant,” said Steve Sadow, lead defense counsel for Trump in the Fulton county case. “The defense is optimistic that appellate review will lead to the case being dismissed and the DA being disqualified,” he added.

McAfee said in the ruling that he intends to continue with the rest of the case without allowing the appeal to delay.

“The Court intends to continue addressing the many other unrelated pending pretrial motions, regardless of whether the petition is granted within 45 days of filing, and even if any subsequent appeal is expedited by the appellate court,” his ruling states.

Nathan Wade, the deputy with whom Willis had a romantic relationship, resigned on Friday, clearing the way for Willis to continue.

Lawyers requesting appeal argued in a motion on Monday that this would be insufficient to expiate the “odor of mendacity” raised by Willis’s relationship with Wade.

“Defendants believe that the relevant case law requires dismissal of the case, or at the very least, the disqualification of the District Attorney and her entire office under the facts that exist here, and the resignation of Mr Wade is

Read more on theguardian.com