Fulton County District Attorney Fani Willis looks on during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on March 1, 2024, in Atlanta. (Alex Slitz-Pool/Getty Images)
Steve Sadow, lead counsel for the former president, said in a statement Wednesday that the judge's decision is "highly significant."
"The defense is optimistic that appellate review will lead to the case being dismissed and the DA being disqualified," Sadow said.
Judge McAfee also said that while the defense pushes to have Willis disqualified, he will continue to address other pre-trial motions in the case.
GEORGIA LAWMAKER DEMANDS FANI WILLIS STEP ASIDE IN TRUMP ELECTION CASE: 'HER CREDIBILITY IS SHOT'
Special prosecutor Nathan Wade sits in court during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on March 1, 2024 in Atlanta, Georgia. (Alex Slitz-Pool/Getty Images)
"However, the established record now highlights a significant appearance of impropriety that infects the current structure of the prosecution team – an appearance that must be removed through the State’s selection of one of two options," he wrote, adding that Willis and her whole office can choose to step aside, or Wade can withdraw from the case.
McAfee said that "[w]ithout sufficient evidence that the District Attorney acquired a personal stake in the prosecution, or that her financial arrangements had any impact on the case, the Defendants’ claims of an actual conflict must be denied."
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But he went on to say that his finding is "by no means an indication that the Court condones this tremendous lapse in judgment or the unprofessional manner of the District Attorney’s testimony during the evidentiary hearing."
"Rather, it is the undersigned’s opinion that Georgia law does not permit the finding of an actual conflict for simply making bad choices – even repeatedly – and it is the trial court’s duty to confine itself to the relevant issues and applicable law properly brought before it," he said.
Brianna Herlihy is a politics writer for Fox News Digital.
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