BREAKING: Judge Allows Trump Legal Team To Appeal Fani Willis Disqualification Ruling

On Wednesday, the Trump legal team was given yet another victory after the judge who oversaw the Fulton County District Attorney Fani Willis disqualification case, Judge Scott McAfee, ruled that he would allow an appeal of his decision, which allowed Fani Willis to stay on the case but forced the removal of special prosecutor Nathan Wade. The decision to not block an appeal will allow a higher court to reconsider whether Willis should stay on the RICO case that she brought against Trump and other co-defendants. 

McAfee ruled that Trump and his co-defendants can appeal to the Georgia Court of Appeals, writing in his ruling, "The Court finds that the order on the Defendants' motions to Dismiss and Disqualify the Fulton County District Attorney issued March 15, 2024, 'is of such importance to the case that immediate review should be had.' Accordingly, the requested motion is granted." In response to the ruling, conservative commentator Megyn Kelly wrote, "Big! Up to the appellate court whether it wants to actually take it but great news for Team Trump in their push to dump [Fani Willis]."

As previously reported by the DC Enquirer, Judge McAfee did not disqualify Willis from the case following a lengthy hearing that attempted to show that the Fulton County DA and special prosecutor Nathan Wade lied to the court. McAfee explained in his ruling that no "disqualification of a constitutional officer [is] necessary when a less drastic and sufficiently remedial option is available." McAfee concluded that there was an "appearance of impropriety" due to Willis's relationship with Wade but that there was no "actual conflict" that resulted from the affair. 

The judge clearly chose the middle-of-the-road option by giving the State a choice between dismissing Wade or Willis. "The prosecution of this case cannot proceed until the State selects one of two options," he wrote. Either "the District Attorney may choose to step aside, along with the whole of her office" or "Wade can withdraw."

Willis charged President Trump and 18 other allies last year for their actions following the 2020 presidential election. Trump specifically was hit with 13 charges, including "Violation Of The Georgia Rico (Racketeer Influenced And Corrupt Organizations) Act," "Solicitation Of Violation Of Oath By Public Officer," "Conspiracy To Commit False Statements and Writings," and "Conspiracy To Commit Forgery in the First Degree," as well as a number of other charges. Earlier this month, however, McAfee dismissed three of the charges against Trump and three against other co-defendants.

The judge noted that the charges, which have to deal with soliciting elected officials to violate their oaths of office, could be refiled within six months with additional evidence from Fani Willis' office, but he ruled that the charges did not suffice as written. "The Court's concern is less that the State has failed to allege sufficient conduct of the Defendants - in fact it has alleged an abundance. However, the lack of detail concerning an essential legal element is ... fatal," the judge wrote.

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