Judge Scott McAfee ruled Wednesday that former President Donald Trump and eight other co-defendants can seek review of his decision not to disqualify Fulton County District Attorney Fani Willis.
McAfee granted the certificate of immediate review sought by defendants, finding it “of such importance to the case that immediate review should be had.”
The decision means defendants can appeal McAfee’s decision, which allowed Willis to stay on the case against Trump after special prosecutor Nathan Wade stepped down, despite finding an “appearance of impropriety” in their actions.
“The challenged order is not one of final judgment, and the State has informed the Court that it has complied with the order’s demands,” McAfee wrote. “Thus, unless directed otherwise by an appellate court, supersedeas shall only apply to the order being appealed.”
“The Court intends to continue addressing the many other unrelated pending pretrial motions, regardless of whether the petition is granted within 45 days of filing, and even if any subsequent appeal is expedited by the appellate court,” he continued.
McAfee wrote in his ruling last week that there were “reasonable questions” about “whether the District Attorney and her hand-selected lead SADA testified untruthfully about the timing of their relationship.”
Steve Sadow, Trump’s lead defense counsel, said in a statement that McAfee’s decision to grant the certificate of immediate review was “highly significant.”
“It means the defense is permitted to apply to the Georgia Court of Appeals for pretrial review of the Judge’s order refusing to dismiss the case or disqualify Fulton County DA Willis,” Sadow said. “The defense is optimistic that appellate review will lead to the case being dismissed and the DA being disqualified.”
Originally published by the Daily Caller News Foundation
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