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Georgia appeals court will review decision on Trump case DA, bringing another delay

ATLANTA — The Georgia Court of Appeals has granted oral arguments after former President Donald Trump appealed a decision allowing Fulton County District Attorney Fani Willis to stay on the criminal case involving Trump and others.

The court's decision likely further diminishes chances that the Georgia election interference case goes to trial this year.

In March, Fulton Judge Scott McAfee allowed Willis to remain on the case — if the special prosecutor she had been in a romantic relationship with resigned. That special prosecutor, Nathan Wade, resigned.

Trump and other defendants who first raised allegations of a conflict of interest appealed McAfee's decision.

The appeals court must now hear and rule on the question within two terms, or about six months. According to the court, cases docketed in the current term must be decided by Nov. 1 and motions to reconsider must be adjudicated by Nov. 18.

McAfee is unlikely to set a trial date before that time, meaning the case almost certainly remains unresolved before the November election, though pretrial hearings are expected to continue.

"I think it effectively ends the ability of this case to get to trial before Election Day," says Atlanta attorney Jen Jordan, a former Democratic candidate for Georgia attorney general.

Jordan says she does not believe the appeals court is signaling they think McAfee's decision was wrong, but acknowledging the stakes of making sure it's right sooner rather than later.

"This is one of the most significant cases in the history of this country and definitely in this state," Jordan says. "Let's say Judge McAfee's decision not to disqualify the district attorney is wrong and you get all the way to the verdict [in the trial], and it goes up to the

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