Donald Trump his allies may run into problems if they try to appeal a judge's decision last week that found there wasn't sufficient evidence have Fulton County District Attorney Fani Willis removed from his Georgia election interference case, according to a legal expert.
Judge Scott McAfee, who is presiding over the case, ruled on Friday that there was not enough evidence regarding a conflict of interest, but added that the case's lead prosecutor, Nathan Wade -- with whom Willis admitted having an romantic affair -- must step aside as a precondition for Willis to stay on the case.
According to Newsweek, Trump and his 18 co-defendants in the case could seek a "certificate of immediate review" from McAfee within 10 days and apply for an "interlocutory appeal" with the Georgia Court of Appeals -- a move that Trump lawyer Steve Sadow indicated that he'd be willing to do.
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Speaking to Newsweek, Georgia State University College law professor Michael Kreis says Trump's lawyers are likely to be rejected by the Georgia Court of Appeals.
"It'll be very hard for the defendants to demonstrate that the factors that favor review are present here because Judge McAfee's ruling exhaustively explained why the defendants were not prejudiced by Wade and Willis' relationship and, applying longstanding precedent, determined there is no actual conflict of interest and provided a curative remedy to remove the appearance of wrongdoing," Kreis said. "There is very little for the court to review."
Also speaking to Newsweek was Atlanta-based defense attorney Noah Pines, who said he doesn't think McAfee or the Court of Appeals will grant Trump's request. But Pines added that if Trump and his co-defendants are convicted, they can bring up the questions of Willis' ethics in a direct appeal of the verdict.
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