Trump Can Appeal Ruling Keeping Fulton DA On RICO Case, Judge: Report

ATLANTA, GA — Fulton County Superior Court Judge Scott McAfee is allowing former President Donald Trump and others to appeal his ruling that allowed Fulton County District Attorney Fani Willis to stay on a subversion case.

Trump, a Republican, has been accused of trying to interfere with the 2020 presidential election, during which he lost the race to current Democratic President Joe Biden. Trump and 18 others were indicted on several charges in August 2023 after being accused of trying to overturn the election results in Georgia.

McAfee on Friday said top prosecutor Nathan Wade or Willis and her office should leave the case due to the appearance of impropriety relating to the pair's romantic relationship.

The judge said there was no "actual conflict" due to their relationship, which would have disqualified Willis. Wade ultimately resigned from the case.

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McAfee issued Wednesday a certificate of immediate review as shared by the Atlanta Journal-Constitution.

In addition to Trump, McAfee is allowing the following co-defendants to appeal his ruling on Willis: former New York Mayor Rudy Giuliani, former White House Chief of Staff Mark Meadows, former senior Department of Justice official Jeffrey Clark, attorney Robert Cheeley, former Trump campaign official Michael Roman, former Georgia GOP Chair David Shafer, former chairwoman of the Coffee County Republican Party Cathy Latham and Harrison Floyd III, a Trump supporter accused of harassing an election worker.

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Trump was initially charged on suspicion of violation of the Racketeer Influenced and Corrupt Organizations Act, three counts of solicitation of violation of oath by public officer, conspiracy to commit impersonating a public officer, two counts of first-degree conspiracy to commit forgery, two counts of conspiracy to commit false statements and writings, conspiracy to commit filing false documents, filing false documents and false statements and writings.

However, McAfee quashed on March 13 six counts of solicitation of violation of oath by public officer against Trump, Giuliani, Meadows, Cheeley and attorneys Ray Smith and John Eastman.

An official trial date has not been set for Trump.