The Georgia Court of Appeals has halted proceedings in the election interference case against Donald Trump and other defendants while it considers whether to disqualify Fulton County District Attorney Fani Willis. The decision, issued on Wednesday, effectively ensures that the former president will not face trial before the November election.
Trump had appealed a ruling by Fulton County Superior Court Judge Scott McAfee, who declined to remove Willis despite revelations of a romantic relationship with her chosen special prosecutor, Nathan Wade. Trump and his co-defendants argued that the relationship created a conflict of interest requiring Willis's recusal. McAfee allowed the case to continue provided either Willis or Wade stepped aside; Wade resigned shortly after the ruling.
The appeals court selected a three-judge panel to hear the appeal on Monday, with arguments scheduled for October. The stay pauses all trial proceedings in the interim. Both Trump attorney Steve Sadow and a spokesperson for Willis's office declined to comment on the order.
Trump faces charges under Georgia's Racketeer Influenced and Corrupt Organizations Act (RICO) for his efforts to overturn the 2020 election results in the state. The charges stem from a phone call to Secretary of State Brad Raffensperger, in which Trump asked him to 'find 11,780 votes,' and an alleged scheme to submit alternate electors to Congress.
The appeal focuses on whether Willis's conduct constitutes 'forensic misconduct' under Georgia law, a standard that Judge McAfee acknowledged was unclear in his ruling. Trump's attorneys argue that Willis was not truthful in her testimony about the relationship, creating an appearance of impropriety. The appeals court, one of the busiest in the country, typically resolves cases within nine months.
