Fulton County District Attorney Fani Willis during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse March 1, 2024, in Atlanta. (Alex Slitz-Pool/Getty Images)
"While the trial court factually found DA Willis’s out-of-court statements were improper and Defendants proved an apparent conflict of interest, the trial court erred as a matter of law by not requiring dismissal and DA Willis’ disqualification. This legal error requires the Court’s immediate review," the document states.
Trump and his co-defendants accused Willis of having an "improper" affair with Wade prior to his hiring in 2021 and that she financially benefited from his position as special counsel. Willis and Wade denied both claims.
The defendants also accused Willis of making improper and derogatory public statements about them and the case.
JUDGE RULES FANI WILLIS MUST STEP ASIDE FROM TRUMP CASE OR FIRE SPECIAL PROSECUTOR NATHAN WADE
Former Fulton County special prosecutor Nathan Wade testifies during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse Feb. 15, 2024, in Atlanta. (Alyssa Pointer)
"[T]he public’s faith in the integrity of the judicial system, especially the criminal justice system, is critical to its functioning," the appeal states. "Courts have an obligation to ensure that legal proceedings appear fair to all who observe them.
"[O]ur system of law has always endeavored to prevent even the probability of unfairness. …[T]o perform its high function in the best way ‘justice must satisfy the appearance of justice.'
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"When the public perception of the integrity of the criminal justice system is at stake, no prejudice to defendants needs to be shown.
"Nowhere are these interests more important or on display than in a high-profile case like this one that has captured the attention of the Nation," it adds. "Crucial to the public’s confidence is that prosecutors remain and appear to be disinterested and impartial."
Fox News Digital reached out to Willis' office for comment.
Brianna Herlihy is a politics writer for Fox News Digital.
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https://www.foxnews.com/politics/trump-appeals-georgia-court-order-that-keeps-fani-willis-on-the-case-should-have-been-disqualified