Fulton County District Attorney Fani Willis testifies during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on Feb. 15, 2024 in Atlanta. (Alyssa Pointer)
Trump and several co-defendants alleged Willis and Wade were romantically involved prior to his hiring and that she financially benefited from the relationship. Both Willis and Wade denied those allegations.
Judge McAfee allowed the defense to appeal his ruling, and the appeals court announced last week that they will hear the defense's case to still have Willis disqualified.
"President Trump looks forward to presenting interlocutory arguments to the Georgia Court of Appeals as to why the case should be dismissed and Fulton County DA Willis should be disqualified for her misconduct in this unjustified, unwarranted political persecution," Trump lawyer Steve Sadow said in a statement.
A court date has not yet been set.
Fulton County District Attorney Fani Willis speaks in the Fulton County Government Center during a news conference on Monday, Aug. 14, 2023, in Atlanta. (AP Photo/John Bazemore)
He also said that "the evidence demonstrated that the financial gain flowing from her relationship with Wade was not a motivating factor on the part of the District Attorney to indict and prosecute this case."
In February, Judge McAfee held a two-day evidentiary hearing, when the defense, led by attorney Ashley Merchant, set out to expose a money trail that would mean Willis has a conflict of interest in the case against Trump and should be disqualified.
"[T]he Court finds that the record made at the evidentiary hearing established that the District Attorney’s prosecution is encumbered by an appearance of impropriety," McAfee wrote in his order.
"As the case moves forward, reasonable members of the public could easily be left to wonder whether the financial exchanges have continued resulting in some form of benefit to the District Attorney, or even whether the romantic relationship has resumed."
"Put differently, an outsider could reasonably think that the District Attorney is not exercising her independent professional judgment totally free of any compromising influences. As long as Wade remains on the case, this unnecessary perception will persist," he said.
CLICK HERE TO GET THE FOX NEWS APP
When the defense in March submitted a joint motion for a Certificate of Immediate Review, McAfee said that his Order on the Defendants’ Motions to Dismiss and Disqualify the Fulton County District Attorney issued March 15 "is of such importance to the case that immediate review should be had" and allowed the defendants to ask the Georgia appeals court for an opportunity to appeal, which the court granted on Wednesday.
Brianna Herlihy is a politics writer for Fox News Digital.
Get the latest updates from the 2024 campaign trail, exclusive interviews and more Fox News politics content.
Subscribed
You've successfully subscribed to this newsletter!
https://www.foxnews.com/politics/trump-co-defendants-officially-file-notices-appeal-kick-fani-willis-off-ga-case