Former President Trump urged a state appeals court to review a judge’s decision allowing Fulton County District Attorney Fani Willis (D) to remain on Trump’s Georgia 2020 election racketeering case.

Judge Scott McAfee earlier this month ruled Willis’s once-romantic relationship with special prosecutor Nathan Wade created an appearance of a conflict but allowed the district attorney to move ahead with her prosecution once Wade resigned.

On Friday, Trump and eight of his co-defendants filed an application with the Georgia Court of Appeals urging it to take up the case, insisting Willis has a personal stake in the case and must step aside. The move was expected after McAfee handed down a decision enabling the defense to attempt to appeal his ruling before trial. 

“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 application reads. “This legal error requires the Court’s immediate review.”