Trump GA case: Notice of Appeal filed with Georgia Court of Appeals

Former U.S. President Donald Trump arrives at Trump Tower on April 03, 2023 in New York City.  (Gotham/GC Images)

A Notice of Appeal has been filed with the Georgia Court of Appeals in connection to the request to review Fulton County Superior Court Judge Scott McAfee's decision not to disqualify Fulton County District Attorney Fani Willis as prosecutor for the Georgia election interference case.

The Notice of Appeal was filed by the former chair for the Georgia GOP, David Shafer, in Fulton County at 1:10 p.m. May 10.

Former President Donald Trump and 18 allies were indicted in August of 2023 after a 2-½ year investigation by the Fulton County District Attorney's Office, led by Fani Willis, of trying to change the results of the 2020 presidential election in  the state of Georgia.

The trouble began with a motion filed in early January of this year by former White House staff member Michael Roman. The motion sought to have DA Willis disqualified from prosecuting the case against Trump and his co-defendants due to an "improper" relationship with then-Special Prosecutor Nathan Wade. The motion also claimed that Willis financially benefited from the investigation and the relationship.

On March 15, Judge Scott McAfee ruled that Trump and his co-defendants "failed to meet their burden" of proving that the romantic relationship between Willis and Wade was a "conflict of interest" or that Willis benefited from it. However, McAfee noted a "significant appearance of impropriety" and ruled that either Willis or Wade would need to step aside for the case to continue in Fulton County. A few hours later, Wade tendered his resignation.

RELATED: Status of Trump's election interference case in Georgia, trial date unknown

On March 18, Trump and several of his co-defendants requested permission from McAfee to appeal his decision, and on March 20, McAfee granted their request. On March 28, attorneys for Trump and his co-defendants filed an application for interlocutory appeal, arguing that Wade's departure did not resolve the appearance of impropriety and had "cast a pall over these entire proceedings."

On May 8, the Georgia Court of Appeals agreed to hear the appeal, giving Trump and his 14 co-defendants 10 days to file a notice of appeal, which will transfer the case from Fulton County Superior Court to the Court of Appeals.

Timeline: Fulton County DA Fani Willis, Nathan Wade controversy

At this time, it is believed that the case will be heard during the August term, which ends Nov. 18. However, there is nothing listed on the court's argument calendar for August, September or October. If it is heard during the August term, the court will have to make a ruling by March 14, 2025.