Fulton County Judge Scott McAfee on Wednesday cleared the way for former President Donald Trump to appeal the judge’s ruling that ultimately kept Fulton County DA Fani Willis on the election interference case.

McAfee granted the joint request from Trump and some of his codefendants to obtain a certificate of immediate review — which allows them now to appeal the ruling up to the Georgia Court of Appeals.

McAfee in his order said the order “is of such importance to the case that immediate review should be had.”

It will now be up to the Georgia Court of Appeals to determine whether or not to take the issue.

PHOTO: Fulton County District Attorney Fani Willis looks on during a hearing on the Georgia election interference case, March, 1, 2024, in Atlanta.

Fulton County District Attorney Fani Willis looks on during a hearing on the Georgia election interference case, March, 1, 2024, in Atlanta.

Alex Slitz/AP

McAfee said he intends to keep moving forward with the case while Trump and his codefendants pursue their appeal.

“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,” the order said.

Nathan Wade, the lead prosecutor in Trump’s election interference case, resigned Friday as special prosecutor following a ruling by McAfee. Wade’s resignation came hours after McAfee declined to outright disqualify Willis, but ruled either she or Wade must step aside from the case due to a “significant appearance of impropriety” stemming from a romantic relationship between Willis and Wade.

This is a developing story. Check back for updates.



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