Trump, other defendants waiting to see if judge will allow appeal of Fani Willis ruling

ATLANTA — Attorneys for former President Donald Trump and some of the other election interference defendants are waiting to see if the judge will ask an appeals court to review his decision, which essentially removed special prosecutor Nathan Wade from the case.

It’s because this whole case is unprecedented. The attorney for one of the former election interference defendants believes Fulton County Superior Court Judge Scott McAfee will grant the motion and ask the Georgia Court of Appeals to review it.

In Friday’s ruling, McAfee called Fulton County District Attorney Fani Willis’ romantic relationship with Wade a “lapse in judgment,” but ruled it didn’t affect the case so long as one of them stepped down.

Wade did just hours later.

But now, attorneys for Trump and some of the other defendants are appealing that decision.

“The resignation of Mr. Wade is insufficient to cure the appearance of impropriety the court has determined exists,” a new court filing said.

Scott Grubman represented former election interference defendant Kenneth Chesebro, who accepted a deal and pleaded guilty months ago.

“I think it’s a very strong appeal. While I respect Judge McAfee’s decision, I do not agree with it,” Grubman said.

He told Channel 2′s Richard Elliot that there just is no precedent for this kind of trial and for this kind of relationship between a DA prosecuting a case and her special prosecutor.

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He thinks McAfee did the best he could, but will not mind if the Court of Appeals takes a look at the decision and weighs in.

“I would say, ‘Look, I think I got this right, but in fairness, this is an unprecedented situation, so let’s see what the court of appeals says,’” Grubman said.

Other lawyers like former DeKalb County District Attorney Robert James believe McAfee got it right.

“The judge looked at whether or not there’s an actual conflict, and he decided that there’s not, and I agree there’s really no evidence to support an actual conflict. But the appearance as it pertains to Nathan Wade was just too strong to leave him on the case,” James said.

There was no comment from the DA’s Office Tuesday for this story.

McAfee would have to agree to let the Court of Appeals hear this motion and then the Court of Appeals would have to agree to hear it themselves.

Even if this was expedited, Grubman doesn’t think there’s any way this trial can happen before the November election.

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