ATLANTA — A Georgia judge has granted a request from defense attorneys seeking to appeal his decision to allow Fulton County District Attorney Fani Willis to stay on the case against former President Donald Trump after she was accused of misconduct, according to WSB-TV .
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Last week, Judge Scott McAfee ruled that Willis could remain on the case only if special prosecutor Nathan Wade resigned . Defense attorneys had accused the pair of having an inappropriate romantic relationship that created a conflict of interest when Willis hired Wade into his role.
Read More Wade submitted his resignation on Friday, hours after McAfee’s ruling came down.
On Wednesday, WSB obtained a court filing signed by McAfee that allowed for a review of his decision.
[ Read more on WSBTV.com ]
He declined to pause enforcement of his ruling as the review takes place.
“The Court intends to continue addressing the many other unrelated pending pretrial motions, regardless of whether the petition is granted within 45 days of filing, and even if any subsequent appeal is expedited by the appellate court,” he wrote.
Attorneys for Trump and several of the people charged alongside him for allegedly racketeering to keep the former president in power after his 2020 election loss filed an appeal earlier this week, according to WSB . In a court filing, they said that Wade’s resignation “is insufficient to cure the appearance of impropriety the court has determined exists.”
[ Trump Georgia case: Special prosecutor resigns; DA Fani Willis can stay on case ]
Defense attorneys had accused Willis of benefiting financially from her decision to hire Wade and asked McAfee to remove them from the case.
In hearings last month, a former friend and co-worker of Willis’ testified that her relationship with Wade began in 2019, a claim the prosecutors denied. Defense attorneys pointed to records that showed that Wade paid travel expenses for Willis using his business card to show that she got financial benefits from her decision to hire him. Both Wade and Willis testified that she paid him back in cash and that they split expenses roughly evenly.
[ Fani Willis takes stand, faces possible removal from Trump’s Georgia election case ]
Last week, McAfee ruled that defense attorneys failed to show that Wade and Willis divided expenses inappropriately and that, ultimately, “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.”
He added that Wade and Willis demonstrated a “tremendous lack of judgment” but said, “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.”
[ By the numbers: What are the charges Trump is facing? ]
Last year, a grand jury indicted Trump and 18 others on charges that they conspired to overturn the results of the 2020 presidential election in Georgia.
Four people — bail bondsman Scott Hall and attorneys Sidney Powell , Kenneth Chesebro and Jenna Ellis — have pleaded guilty to charges. The remaining defendants, including Trump, have denied wrongdoing and pleaded not guilty.
Fulton County Court holds Fani Willis misconduct hearing ATLANTA, GA - FEBRUARY 15: Fulton County Superior Judge Scott McAfee looks on during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 15, 2024 in Atlanta, Georgia. Judge Scott McAfee is hearing testimony as to whether DA Fanni Willis and Special Prosecutor Nathan Wade should be disqualified from the case for allegedly lying about a personal relationship. (Photo by Alyssa Pointer-Pool/Getty Images) (Pool/Getty Images)
Fulton County Court holds Fani Willis misconduct hearing ATLANTA, GA - FEBRUARY 15: Special Prosecutor Nathan Wade talks with his attorney Andrew Evans during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 15, 2024 in Atlanta, Georgia. Judge Scott McAfee is hearing testimony as to whether DA Fanni Willis and Wade should be disqualified from the case for allegedly lying about a personal relationship. (Photo by Alyssa Pointer-Pool/Getty Images) (Pool/Getty Images)
Fulton County Court holds Fani Willis misconduct hearing ATLANTA, GA - FEBRUARY 15: Witness Robin Yeartie appears on a screen as she is sworn in during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 15, 2024 in Atlanta, Georgia. Judge Scott McAfee is hearing testimony as to whether DA Fanni Willis and Wade should be disqualified from the case for allegedly lying about a personal relationship. (Photo by Alyssa Pointer-Pool/Getty Images) (Pool/Getty Images)
Fulton County Court holds Fani Willis misconduct hearing ATLANTA, GA - FEBRUARY 15: Attorney Terrence Bradley testifies during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 15, 2024 in Atlanta, Georgia. Judge Scott McAfee is hearing testimony as to whether DA Fanni Willis and Special Prosecutor Nathan Wade should be disqualified from the case for allegedly lying about a personal relationship. (Photo by Alyssa Pointer-Pool/Getty Images) (Pool/Getty Images)
Fulton County Court holds Fani Willis misconduct hearing ATLANTA, GA - FEBRUARY 15: Special Prosecutor Nathan Wade enters the court for a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 15, 2024 in Atlanta, Georgia. Judge Scott McAfee is hearing testimony as to whether DA Fanni Willis and Wade should be disqualified from the case for allegedly lying about a personal relationship. (Photo by Alyssa Pointer-Pool/Getty Images) (Pool/Getty Images)
Fulton County Court holds Fani Willis misconduct hearing ATLANTA, GA - FEBRUARY 15: Attorney Terrence Bradley enters the courtroom for a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 15, 2024 in Atlanta, Georgia. Judge Scott McAfee is hearing testimony as to whether DA Fanni Willis and Special Prosecutor Nathan Wade should be disqualified from the case for allegedly lying about a personal relationship. (Photo by Alyssa Pointer-Pool/Getty Images) (Pool/Getty Images)
Fulton County Court holds Fani Willis misconduct hearing ATLANTA, GA - FEBRUARY 15: Defendant David Shafer looks on during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 15, 2024 in Atlanta, Georgia. Judge Scott McAfee is hearing testimony as to whether DA Fanni Willis and Special Prosecutor Nathan Wade should be disqualified from the case for allegedly lying about a personal relationship. (Photo by Alyssa Pointer-Pool/Getty Images) (Pool/Getty Images)
Fulton County Court holds Fani Willis misconduct hearing ATLANTA, GA - FEBRUARY 15: Attorney Terrence Bradley testifies during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 15, 2024 in Atlanta, Georgia. Judge Scott McAfee is hearing testimony as to whether DA Fanni Willis and Special Prosecutor Nathan Wade should be disqualified from the case for allegedly lying about a personal relationship. (Photo by Alyssa Pointer-Pool/Getty Images) (Pool/Getty Images)
Fulton County Court holds Fani Willis misconduct hearing ATLANTA, GA - FEBRUARY 15: Fulton County Special prosecutor Anna Cross, who is representing the Fulton County District Attorney's office, speaks during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 15, 2024 in Atlanta, Georgia. Judge Scott McAfee is hearing testimony as to whether DA Fanni Willis and Special Prosecutor Nathan Wade should be disqualified from the case for allegedly lying about a personal relationship. (Photo by Alyssa Pointer-Pool/Getty Images) (Pool/Getty Images)
Fulton County Court holds Fani Willis misconduct hearing ATLANTA, GA - FEBRUARY 15: Attorney Ashleigh Merchant, for defendant Michael Roman, looks on next to attorney Anna Cross (R), who is representing the Fulton County District Attorney's office during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 15, 2024 in Atlanta, Georgia. Judge Scott McAfee is hearing testimony as to whether DA Fanni Willis and Special Prosecutor Nathan Wade should be disqualified from the case for allegedly lying about a personal relationship. (Photo by Alyssa Pointer-Pool/Getty Images) (Pool/Getty Images)
Fulton County Court holds Fani Willis misconduct hearing ATLANTA, GA - FEBRUARY 15: Fulton County Superior Judge Scott McAfee looks on during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 15, 2024 in Atlanta, Georgia. Judge Scott McAfee is hearing testimony as to whether DA Fanni Willis and Special Prosecutor Nathan Wade should be disqualified from the case for allegedly lying about a personal relationship. (Photo by Alyssa Pointer-Pool/Getty Images) (Pool/Getty Images)
Fulton County Court holds Fani Willis misconduct hearing ATLANTA, GA - FEBRUARY 15: Attorney Craig Gillen, representing David Schaffer, speaks during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 15, 2024 in Atlanta, Georgia. Judge Scott McAfee is hearing testimony as to whether DA Fanni Willis and Special Prosecutor Nathan Wade should be disqualified from the case for allegedly lying about a personal relationship. (Photo by Alyssa Pointer-Pool/Getty Images) (Pool/Getty Images)
Fulton County Court holds Fani Willis misconduct hearing ATLANTA, GA - FEBRUARY 15: People sit in the gallery during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 15, 2024 in Atlanta, Georgia. Judge Scott McAfee is hearing testimony as to whether DA Fanni Willis and Special Prosecutor Nathan Wade should be disqualified from the case for allegedly lying about a personal relationship. (Photo by Alyssa Pointer-Pool/Getty Images) (Pool/Getty Images)
Fulton County Court holds Fani Willis misconduct hearing ATLANTA, GA - FEBRUARY 15: Fulton County Special prosecutor Anna Cross, who is representing the Fulton County District Attorney's office, speaks with her co-counsel Adam Abbate during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 15, 2024 in Atlanta, Georgia. Judge Scott McAfee is hearing testimony as to whether DA Fanni Willis and Special Prosecutor Nathan Wade should be disqualified from the case for allegedly lying about a personal relationship. (Photo by Alyssa Pointer-Pool/Getty Images) (Pool/Getty Images)
Fulton County Court holds Fani Willis misconduct hearing ATLANTA, GA - FEBRUARY 15: Defendant David Shafer attends a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 15, 2024 in Atlanta, Georgia. Judge Scott McAfee is hearing testimony as to whether DA Fanni Willis and Special Prosecutor Wade should be disqualified from the case for allegedly lying about a personal relationship. (Photo by Alyssa Pointer-Pool/Getty Images) (Pool/Getty Images)
Fulton County Court holds Fani Willis misconduct hearing ATLANTA, GA - FEBRUARY 15: Attorney Ashleigh Merchant, for defendant Michael Roman, looks on next to attorney Anna Cross, who is representing the Fulton County District Attorney's office during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 15, 2024 in Atlanta, Georgia. Judge Scott McAfee is hearing testimony as to whether DA Fanni Willis and Special Prosecutor Nathan Wade should be disqualified from the case for allegedly lying about a personal relationship. (Photo by Alyssa Pointer-Pool/Getty Images) (Pool/Getty Images)
Fulton County Court holds Fani Willis misconduct hearing ATLANTA, GA - FEBRUARY 15: Attorney Steve Sadow speaks during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 15, 2024 in Atlanta, Georgia. Judge Scott McAfee is hearing testimony as to whether DA Fanni Willis and Special Prosecutor Nathan Wade should be disqualified from the case for allegedly lying about a personal relationship. (Photo by Alyssa Pointer-Pool/Getty Images) (Pool/Getty Images)
Fulton County Court holds Fani Willis misconduct hearing ATLANTA, GA - FEBRUARY 15: Attorney Ashleigh Merchant speaks during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 15, 2024 in Atlanta, Georgia. Judge Scott McAfee is hearing testimony as to whether DA Fanni Willis and Special Prosecutor Nathan Wade should be disqualified from the case for allegedly lying about a personal relationship. (Photo by Alyssa Pointer-Pool/Getty Images) (Pool/Getty Images)
Fulton County Court holds Fani Willis misconduct hearing ATLANTA, GA - FEBRUARY 15: Fulton County Special Prosecutor Nathan Wade looks on during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 15, 2024 in Atlanta, Georgia. Judge Scott McAfee is hearing testimony as to whether DA Fanni Willis and Wade should be disqualified from the case for allegedly lying about a personal relationship. (Photo by Alyssa Pointer-Pool/Getty Images) (Pool/Getty Images)
Fulton County Court holds Fani Willis misconduct hearing ATLANTA, GA - FEBRUARY 15: Fulton County District Attorney Fani Willis stands in the courtroom during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 15, 2024 in Atlanta, Georgia. Judge Scott McAfee is hearing testimony as to whether Willis and Special Prosecutor Nathan Wade should be disqualified from the case for allegedly lying about a personal relationship. (Photo by Alyssa Pointer-Pool/Getty Images) (Pool/Getty Images)
Fulton County Court holds Fani Willis misconduct hearing Fani Willis, Fulton County District Attorney, at the Fulton County Courthouse in Atlanta, Georgia, US, on Thursday, Feb. 15, 2024. The judge overseeing Fulton County's prosecution of Donald Trump and others over his alleged effort to overturn the 2020 presidential election is holding a two-day hearing to determine whether he should disqualify Fani Willis over claims she gained a financial and personal benefit from her romantic relationship with the lead prosecutor, Nathan Wade. Photographer: Alyssa Pointer/Reuters/Bloomberg via Getty Images (Bloomberg/Bloomberg via Getty Images)