Judge: Trump Can Appeal Ruling That Kept Fani Willis on Georgia Case

A Georgia judge on Wednesday said former President Donald Trump and several of his co-defendants in the state's criminal election interference case could appeal a ruling that allowed the lead prosecutor, Fani Willis, to remain on the case.

The ruling clears the way for Trump and others charged in the case to ask a state appeals court to consider whether Willis should be disqualified over a romantic relationship with a former deputy, Nathan Wade.

Fulton County Judge Scott McAfee ruled on Friday that Willis and her office could continue prosecuting the case as long as Wade withdrew, which he agreed to do. But McAfee said the relationship created an "appearance of impropriety."

But the judge also rebuked Willis for her “tremendous” lapse in judgment and questioned the truthfulness of Wade’s and her testimony about the timing of their relationship.

Lawyers for Trump and the other defendants had said a failure to remove Willis could imperil any convictions and force a retrial if an appeals court later finds it was warranted.

Trump attorney Steve Sadow called the judge's decision to allow the appeal “highly significant.”

“The defense is optimistic that appellate review will lead to the case being dismissed and the DA being disqualified,” Sadow said in an email to The Associated Press.

Wade offered his resignation in a letter to Willis, saying he was doing so “in the interest of democracy, in dedication to the American public and to move this case forward as quickly as possible.”

“I will always remember — and will remind everyone — that you were brave enough to step forward and take on the investigation and prosecution of the allegations that the defendants in this case engaged in a conspiracy to overturn Georgia’s 2020 Presidential Election,” Willis wrote.

In a social media post, Trump said the “Fani Willis lover” had “resigned in disgrace,” and Trump repeated his assertion that the case is an effort to hurt his campaign to reclaim the White House in November.

Trump and 14 co-defendants have pleaded not guilty to racketeering and other charges stemming from what prosecutors allege was a scheme to overturn Trump's narrow defeat in Georgia in the 2020 election. Four others who had been co-defendants in the case have pleaded guilty in deals with the prosecutors.

This report contains material from Reuters and The Associated Press.