ATLANTA (AP) — A Georgia appeals court on Wednesday agreed to review a lower court ruling allowing Fulton County District Attorney Fani Willis to continue to prosecute the election interference case she brought against former President Donald Trump.
The move seems likely to delay the case and is the second time in as many days that the former president has gotten a favorable ruling that could push any future trials beyond the November election, when he is expected to be the Republican nominee for president. A day earlier, the judge in his Florida classified documents case indefinitely postponed that trial date.
Trump and some other defendants in Georgia had tried to get Willis and her office removed the case, saying her romantic relationship with special prosecutor Nathan Wade created a conflict of interest. Superior Court Judge Scott McAfee in March found that no conflict of interest existed that should force Willis off the case, but he granted a request from Trump and the other defendants to seek an appeal of his ruling from the Georgia Court of Appeals.
That intermediate appeals court agreed on Wednesday to take up the case. Once it rules, the losing side could ask the Georgia Supreme Court to consider an appeal.
Trump's lead attorney in Georgia, Steve Sadow, said in an email that the former president looks forward to presenting arguments to the appeals court as to why the case should be dismissed and why Willis “should be disqualified for her misconduct in this unjustified, unwarranted political persecution.”
A spokesperson for Willis declined to comment on the Court of Appeals decision to take up the matter.
In his order, McAfee said he planned to continue to address other pretrial motions “regardless of whether the petition is granted ... and even if any subsequent appeal is expedited by the appellate court.” But Trump and the others could ask the Court of Appeals to stay the case while the appeal is pending.
McAfee wrote in his order in March that the prosecution was “encumbered by an appearance of impropriety.” He said Willis could remain on the case only if Wade left, and the special prosecutor submitted his resignation hours later.
The allegations that Willis had improperly benefited from her romance with Wade resulted in a tumultuous couple of months in the case as intimate details of Willis and Wade’s personal lives were aired in court in mid-February. The serious charges in one of four criminal cases against the Republican former president were largely overshadowed by the love lives of the prosecutors.
Trump and 18 others were indicted in August, accused of participating in a wide-ranging scheme to illegally try to overturn his narrow 2020 presidential election loss to Democrat Joe Biden in Georgia.
All of the defendants were charged with violating Georgia’s Racketeer Influenced and Corrupt Organizations, or RICO, law, an expansive anti-racketeering statute. Four people charged in the case have pleaded guilty after reaching deals with prosecutors. Trump and the others have pleaded not guilty.
Trump and other defendants had argued in their appeal application that McAfee was wrong not to remove both Willis and Wade, writing that “providing DA Willis with the option to simply remove Wade confounds logic and is contrary to Georgia law.”
The allegations against Willis first surfaced in a motion filed in early January by Ashleigh Merchant, a lawyer for former Trump campaign staffer and onetime White House aide Michael Roman. The motion alleged that Willis and Wade were involved in an inappropriate romantic relationship and that Willis paid Wade large sums for his work and then benefitted when he paid for lavish vacations.
Willis and Wade acknowledged the relationship but said they didn’t begin dating until the spring of 2022, after Wade was hired in November 2021, and their romance ended last summer. They also testified that they split travel costs roughly evenly, with Willis often paying expenses or reimbursing Wade in cash.
FILE - Fulton County Superior Judge Scott McAfee presides in court, March, 1, 2024, in Atlanta. A Georgia appeals court has agreed to review a lower court ruling allowing Fani Willis to continue to prosecute the election interference case she brought against Donald Trump. (AP Photo/Alex Slitz, Pool)
FILE - Fulton County District Attorney Fani Willis looks on during a hearing on the Georgia election interference case, March, 1, 2024, in Atlanta. A Georgia appeals court has agreed to review a lower court ruling allowing Fani Willis to continue to prosecute the election interference case she brought against Donald Trump. (AP Photo/Alex Slitz, Pool)
Former President Donald Trump, with his attorney Todd Blanche, speaks to reporters following the day's proceedings in his trial, Tuesday, May 7, 2024, in New York. (Sarah Yenesel/Pool Photo via AP)
MIAMI (AP) — Harrison Bader and Tyrone Taylor each drove in two runs in a four-run first inning, star closer Edwin Díaz was not used in a save situation and the New York Mets beat the Miami Marlins 7-3 on Sunday for just their second win in seven games.
Brandon Nimmo homered and Francisco Lindor singled twice following a 1-for-27 skid as the Mets rebounded from blowing a four-run, ninth-inning lead on Saturday and avoided a three-game sweep. New York stopped Miami’s four-game winning streak.
“You’re not defined by what you do the day before. You’re defined by how you get up from adversity,” Lindor said. “We wanted this one for sure. I think it’s important to win after a tough loss like that.”
Sean Manaea (3-1) allowed two runs and five hits in five innings. Sean Reid-Foley and Jake Diekman pitched an inning each, and Reed Garrett got his second save by allowing one hit over two innings with four strikeouts in a 34-pitch outing.
Díaz has a 10.80 ERA over his last eight appearances after serving up four homers in 8 1/3 innings. He has blown three of his last four save chances.
“We all believe in him. We all know he’s going to be back,” Garrett said. “Whenever my name’s called, I’ll pitch, but I know as a collective unit we all believe in Edwin and we know what he can do.”
New York (21-25) had dropped five games under .500 on Saturday for the first time since an 0-5 start.
“Not an easy weekend, not the way we expected, but we just have to continue to move forward,” Mets manager Carlos Mendoza said. “Today was a huge win for us.”
With New York ahead 4-3, Nimmo hit a two-run homer off Anthony Bender in a three-run ninth that included Brett Baty’s RBI single.
“I was just looking for a good pitch in the middle of the plate to drive,” Nimmo said. “I was able to hit that ball — good launch angle — and hit it hard. Found its way out of the ballpark.”
Nimmo returned to the lineup Saturday after missing two games because of a stomach illness.
“I’m coming around,” Nimmo said. “It’s been a little bit of a journey the last three days to get over the sickness. Right now, I’m just trying to get some appetite back. I’m definitely not at 100%. Just trying to battle through it and glad that I was able to help out there at the end and solidify the win.”
Dane Myers hit a two-run homer in the second, and Christian Bethancourt had a solo drive in the seventh against DIekman.
Sixto Sánchez (0-2) allowed four runs and six hits in four innings. He gave up Taylor’s two-out double in the first and Bader’s single.
“He was obviously better second through the fourth inning but he put us in a hole early,” Marlins manager Skip Schumaker said. “At this level it’s hard to come back from four runs every single time. He’s not giving his teammates a chance to win.”
Miami recalled right-handed reliever Emmanuel Ramirez from Jacksonville and optioned right-handed reliever Anthony Maldonado to the Triple-A farm team.
TRAINER’S ROOM
Mets: DH J.D. Martinez (flu symptoms) didn’t play but was available to pinch hit. Mendoza said Martinez played through the illness the prior two days.
Marlins: INF Tim Anderson (lower back tightness) homered and had three singles in five at-bats during a rehab game with Jacksonville on Saturday, then went 0 for 4 with a walk on Sunday.
UP NEXT
Mets: RHP Tylor Megill (0-1, 2.25) will start the opener of a three-game series at Cleveland on Monday. RHP Ben Lively (2-2, 3.06) will start for the Guardians.
Marlins: LHP Ryan Weathers (2-4, 3.81) is scheduled to start the opener of a three-game home series against Milwaukee on Monday. The Brewers will go with RHP Joe Ross (2-4, 4.61).
AP MLB: https://apnews.com/hub/mlb
New York Mets' Sean Manaea delivers a pitch during the first inning of a baseball game against the Miami Marlins, Sunday, May 19, 2024, in Miami. (AP Photo/Wilfredo Lee)
New York Mets' Brandon Nimmo (9) and Francisco Lindor (12) congratulate each other after they scored on a double by Tyrone Taylor, during the first inning of a baseball game against the Miami Marlins Sunday, May 19, 2024, in Miami. (AP Photo/Wilfredo Lee)
New York Mets center fielder Harrison Bader is unable to catch a ball hit by Miami Marlins' Josh Bell for a double, during the first inning of a baseball game, Sunday, May 19, 2024, in Miami. (AP Photo/Wilfredo Lee)
Miami Marlins third base Emmanuel Rivera, right, tags out New York Mets' Harrison Bader as he slides into third base during the fourth inning of a baseball game, Sunday, May 19, 2024, in Miami. (AP Photo/Wilfredo Lee)
New York Mets center fielder Harrison Bader (44) catches a ball hit by Miami Marlins' Josh Bell as both he and left fielder Tyrone Taylor (15) vie for the ball during the fifth inning of a baseball game, Sunday, May 19, 2024, in Miami. (AP Photo/Wilfredo Lee)
New York Mets relief pitcher Reed Garrett, right, and catcher Omar Narvaez celebrate after the Mets beat the Miami Marlins 7-3, during a baseball game, Sunday, May 19, 2024, in Miami. (AP Photo/Wilfredo Lee)
