Former President Donald Trump and eight co-defendants filed an appeal on Friday of a judge’s decision to allow Fulton County District Attorney Fani Willis to continue overseeing their election interference case in Georgia.
Attorneys said in a brief filed with the Georgia Court of Appeals that Judge Scott McAfee made a “legal error” by not dismissing the case and by allowing Willis to remain in charge of the prosecution.
“While the trial court factually found DA Willis’s out-of-court statements were improper and Defendants proved an apparent conflict of interest, the trial court erred as a matter of law by not requiring dismissal and DA Willis’ disqualification,” the attorneys wrote. “This legal error requires the Court’s immediate review.”
Trump and several co-defendants had asked McAfee in January to dismiss the case and to disqualify Willis, arguing the district attorney’s relationship with a special prosecutor presented a conflict of interest that had irreversibly tainted the case. They also argued Willis made inappropriate comments outside of court about the controversy during a speech she gave at an Atlanta church.