Lawyers for former President Trump argued in court filings on Monday that the Georgia Court of Appeals should overturn a lower court ruling and disqualify Fulton County District Attorney Fani Willis, a Democrat, for prosecuting Trump for wrongdoing.
The Georgia election interference case was delayed for months and a series of hearings postponed after revelations that Willis had been romantically involved with one of Trump’s top prosecutors, but the district attorney was ultimately allowed to stay in his position.
A lower court ruled in April that Willis could remain on the case as long as prosecutor Nathan Wade resigned. Trump’s lawyers have argued that the court should order both Wade and Willis removed from the case, citing their relationship and allegations of misconduct.
“The court found that there were ‘signs of serious misconduct'[ed] The remedy was to disqualify each of the affected prosecutors and the entire District Attorney’s Office because “the current composition of the prosecution team is flawed,” the lawyers wrote.
Trump lawyer Stephen Sadow said in a statement he was “optimistic” that the Georgia Court of Appeals would disbar Willis.
“This brief persuasively argues that the court should have dismissed the case and disbarred Willis due to alleged forensic misconduct and improprieties between Willis and her lover, taxpayer-funded former Special Prosecutor Wade,” Sadow wrote. “We are optimistic that the court will rule on this appeal in our favor.”
The lawsuit also alleges that Willis made political statements in interviews, on social media and in public speeches, and that she initially lied to conceal her relationship with Wade.
Fulton County Superior Court Judge Scott McAfee, who is overseeing Trump’s election interference case, has not yet set a trial date, but the superior court’s decision to hear the appeal could mean further delays. While the defense could try to pause the trial, McAfee has indicated he intends to continue addressing the various claims that are still pending in the case.
The case likely won’t go to trial until after the November election. Willis said last year that the case could drag on until 2025 before delays related to the disqualification arose.
The disqualification movement was first launched by Michael Roman, a defendant in the case and an activist for Trump’s 2020 campaign. Others, including Trump, quickly joined his movement, forcing the case into a detour that lasted several weeks.
Willis accused Trump and more than a dozen of his allies last summer of trying to overturn the results of the 2020 presidential election in the state, accusing them of participating in an illegal conspiracy to reverse President Biden’s victory in the state.
Trump has pleaded not guilty.
