Judge McAfee Allows Trump, Co-Defendants To Appeal Fani Willis Decision

Fulton County Superior Court Judge Scott McAfee just granted a “certificate of immediate review” to Trump’s legal team and the lawyers for some of his co-defendants. That means there will be an immediate hearing to determine whether Fulton County District Attorney Fani Willis should be dismissed from the ongoing RICO case against Trump and his co-defendants.

As background, Judge McAfee recently ruled that, under Georgia law, there was the appearance of a conflict of interest, but not actual impropriety, in DA Willis’ relationship with former special prosecutor Nathan Wade. His decision meant that DA Willis did not have to resign, but special prosecutor Nathan Wade did. Trump and some of his co-defendants appealed that decision, demanding that Willis be removed as well.

In his recent ruling on the matter, Judge McAfee’s “certificate of immediate review” means that the motion demanding DA Willis be removed is of the utmost importance to the case and so must be reviewed immediately. DA Willis and her legal team now how have the opportunity to petition the appellate court to overturn Judge McAfee’s decision.

Commenting on the matter in a post on X, legal analyst Phil Holloway said, “BREAKING: Judge grants “certificate of immediate review” in the #FaniWillis disqualification motion. This means the Court of Appeals has to also approve, but it’s likely to be allowed. The issue is too important”

In the March 20 Certificate of Immediate Review itself, Judge McAfee wrote, “Upon review of the Defendants’ joint motion for a Certificate of Immediate Review, the Court finds that the Order on the Defendants’ Motions to Dismiss and Disqualify the Fulton County District At torney issued March 15, 2024, “is of such importance to the case that immediate review should be had[.]” O.C.G.A. § 5-6-34(b).”

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