Fani Willis, the district attorney of Fulton County, Georgia, photographed on Sept. 20, 2022, and former President Donald Trump, photographed on Aug. 8, 2023.
Scott Eisen | Getty Images
A Georgia appeals court Wednesday agreed to hear a bid by Donald Trump to disqualify Fulton County District Attorney Fani Willis from the former president’s criminal election interference case.
Fulton County Superior Court Judge Scott McAfee in March declined to remove Willis from the criminal case following revelations that she was engaged in a romantic relationship with a member of her legal team.
Trump is charged in the case with illegally attempting to overturn his loss to President Joe Biden in Georgia’s 2020 election. There is currently no trial date set in the case.
Trump attorney Steve Sadow in a statement said the former president is looking forward to telling the appeals court “why the case should be dismissed and Fulton County DA Willis should be disqualified for her misconduct in this unjustified, unwarranted political persecution.”
The decision by the Georgia Court of Appeals to take up Trump’s bid to disqualify his prosecutor is the latest setback for Willis’ high-profile case against the presumptive Republican presidential nominee.
Special prosecutor Nathan Wade stepped down from the prosecution in mid-March after McAfee ruled that either he or the D.A. must remove themselves. That ruling came one month after a hearing about whether Willis should be disqualified for dating Wade while the case was being investigated.
Both Willis and Wade testified in the hearing that they were not romantically involved until after Wade was hired to the team prosecuting Trump.
Two days before McAfee delivered that ultimatum, he dismissed six counts in the case — including three against Trump — after ruling that they were not sufficiently justified in the indictment. Trump still faces 10 criminal counts in Willis’ case.
A spokesperson for the D.A.’s office declined NBC News’ request for comment on the appeals court’s order Wednesday. That order grants Trump’s application to appeal McAfee’s disqualification ruling while Willis’ case is ongoing. The appeals court gave Trump 10 days to file the notice of appeal.