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Fulton County Superior Judge Scott McAfee flanked by inset images of Donald Trump, on the left, and Fani Willis, on the right

Main image: Fulton County Superior Judge Scott McAfee speaks in court. (AP Photo/Brynn Anderson, Pool); Inset left: Donald Trump speaks in Rome, Ga. (AP Photo/Mike Stewart, File); Inset right: Fulton County District Attorney Fani Willis looks on during a hearing in Atlanta. (AP Photo/Alex Slitz, Pool)

Former President Donald Trump, along with eight co-defendants, on Friday appealed a trial court judge’s recent decision to keep Fulton County District Attorney Fani Willis in charge of the racketeering (RICO) and election subversion case in Georgia.

The defense has been angling to have Willis and her office removed from the case since January — initially over allegations that her romantic relationship with now-former lead prosecutor Nathan Wade created a conflict of interest due to pecuniary motives.

On March 15, Fulton Superior Court Judge Scott McAfee partially granted the defense motion to disqualify but gave the prosecution the choice of which prosecutor had to go. The court’s order was based on a finding that the one-time romance between Willis and Wade resulted in “a significant appearance of impropriety that infects the current structure of the prosecution team.” Wade resigned hours later.

Now, the defendants insist the trial court’s method of separating the legal issues was “plain legal error requiring reversal” — while basing their interlocutory appeal on the factual record McAfee established.

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