Former President Donald Trump and other defendants in Georgia's election interference case have filed court papers seeking to appeal a judge's ruling not to disqualify Fulton County District Attorney Fani Willis from their prosecution or dismiss the charges. The defendants argue that the resignation of the special prosecutor with whom Willis had a romantic relationship does not address the appearance of impropriety found by the judge.
The court filing emphasizes the importance of determining whether Willis and her office can continue representing the State of Georgia in prosecuting the defendants. The defendants are requesting a certificate from Fulton County Superior Court Judge Scott McAfee to allow his decision to be reviewed by the Georgia Court of Appeals.
McAfee had ruled that the special prosecutor had to leave the case or Willis couldn’t pursue the charges. The special prosecutor later resigned, enabling Willis to remain on the case. While McAfee did not find a conflict of interest, he noted an 'appearance of impropriety' that could impact the prosecution team.
The defendants argue that failure to remove Willis now could jeopardize any convictions and potentially lead to a retrial if an appeals court deems it necessary. The case involves allegations that Trump and others illegally attempted to overturn his 2020 election loss in Georgia.
Willis and the special prosecutor testified that they had a romantic relationship but denied any improper benefits. The judge mentioned an 'odor of mendacity' in the case and criticized a speech Willis gave at a Black church, suggesting it was legally improper.
Monday's filing referenced the speech and the appearance of impropriety found by McAfee as grounds to disqualify Willis from the case, indicating that an appellate court would likely find them sufficient.
