Attorneys for former President Donald Trump and his eight co-defendants in Georgia election interference case On Friday, a state asked an appeals court to allow them to challenge a new lawsuit judgment That didn’t stop Fulton County District Attorney Fannie Willis from prosecuting the case.
“The Georgia Court of Appeals should grant the petition and accept the interlocutory appeal on the merits,” Steve Sadow, Trump’s top attorney in Georgia, told NBC News on Friday.
Willis’ office declined NBC News’ request for comment.
The filing comes after Fulton County Superior Court Judge Scott McAfee granted Trump et al permission Asking the Georgia Court of Appeals to review McAfee’s decision not to disqualify Willis and his office and to dismiss charges in the sprawling racketeering case.
The lawsuit, originally filed by Trump accuser Michael Roman and later accepted by Trump and others, accuses Willis of profiting financially from a personal relationship with special counsel Nathan Wade, whom he appointed to the case. The motion alleged that Willis and Wade took vacations together while working on the case.
Willis and Wade have denied any wrongdoing. They admitted to having an affair, but argued that it began after the appointment of the special prosecutor and that Willis did not benefit financially.
In his ruling earlier this month, McAfee found no conflict of interest, but said either Willis and his office would have to step aside or Wade would have to step aside because of the “appearance of concern.”
Wade resigned shortly after McAfee’s ruling — but Sadow noted that the defense wanted the order to go further.
“The defendants argue in the trial court that the indictment should have been dismissed and, at a minimum, DA Willis and his office should have been removed from prosecuting the case,” Sadow said in a statement.
There is Trump he pleaded not guilty in a case alleging that he conspired with others to overturn the results of the 2020 elections in the state.
With a formal appeal, the appeals court has 45 days to decide whether to hear the case. McAfee said he would not stay proceedings in the Georgia case as the disqualification issue went through an appeals court.