前总统唐纳德·特朗普和他的几名共同被告周五对取消资格的裁决提出上诉，该裁决允许富尔顿县地方检察官法尼·威利斯继续留在法庭上佐治亚州选举干预案.
特朗普和其他人向佐治亚州上诉法院提出的动议认为，斯科特·麦卡菲法官“没有要求解雇和取消达·威利斯的资格，这在法律上是错误的。"
“这一法律错误需要法院立即进行审查，”这份51页的文件指出。
上诉来自特朗普和包括迈克尔·罗曼、鲁迪·朱利安尼、马克·梅多斯和杰弗里·克拉克在内的共同被告，这是他们正在努力撤销对富尔顿县的起诉并让威利斯和她的整个办公室退出此案的一部分。
富尔顿县选举干预案的首席检察官内森·韦德在迈克菲辞职几小时后，于3月15日辞去特别检察官一职发布他的裁决威利斯或韦德必须退出此案，因为地方检察官和检察官之间的浪漫关系导致“明显的不当行为”。
一个由三名法官组成的小组将被随机指派审查上诉申请并决定是否受理。一名工作人员律师也将提出建议，但该小组拥有最终发言权。
法院有45天的时间做出判决。三名法官中只要有一名投赞成票就可以受理上诉。
周五的辩护文件敦促上诉法院受理他们的申请，原因有很多，包括迈克菲的命令据称包含“明显的法律错误”，认为威利斯的行为造成了不当的表象，但不需要取消她的资格。
“审判法院受现有判例法的约束，不仅要求取消韦德的资格(这已发生)，还要求取消达·威利斯和她的整个办公室的资格，”文件称。“初审法院没有这样做是明显的法律错误，需要撤销。“
文件称，尽管韦德已经辞职，但“只要(威利斯)和她的办公室仍然参与其中”，该案就有不正当的迹象
文件称，取消威利斯的资格“是从剩余案件中清除她法律上不正当和明显不道德行为的污点所必须做的最低限度工作”。
该文件还强调了迈克菲在裁决中的许多批评言论，包括威利斯在教堂发表的演讲“在法律上是不当的”;“谎言的味道”在案件中挥之不去;“对于地方检察官和她亲自挑选的SADA是否如实作证存在合理的疑问。”
克里斯·蒂蒙斯是佐治亚州前检察官，现在是美国广播公司新闻撰稿人。他说，在正常情况下，他认为法院不会批准上诉。但是，他说，“这个案件是高调的政治案件，所以他们可能会这样做。”
蒂蒙斯说:“取消资格的法律已经得到了很好的解决，法官在做出裁决和制定这方面的补救措施时有很大的自由裁量权。”“所以这应该意味着没有上诉。但我见过上诉法院在政治案件中创造新的法律。”
去年8月，特朗普和其他18人在一次庭审中对所有指控拒不认罪敲诈勒索罪起诉涉嫌试图推翻佐治亚州2020年总统选举的结果。特朗普的四名共同被告随后接受了认罪协议，以换取同意指证其他被告。
麦卡菲法官上周表示，在特朗普和他的共同被告上诉期间，他将继续推进此案。
“法院打算继续处理许多其他无关的未决审前动议，无论申请是否在提交后45天内获得批准，即使上诉法院加快了任何后续上诉，”法官说。
Trump appeals ruling that allowed DA Fani Willis to stay on Georgia election interference case
Former President Donald Trump and several of his co-defendants on Friday filed their appeal of the disqualification ruling that allowed Fulton County District Attorney Fani Willis to remain on theGeorgia election interference case.
The motion from Trump and others to the Georgia Court of Appeals argues that Judge Scott McAfee "erred as a matter of law by not requiring dismissal and DA Willis' disqualification."
"This legal error requires the Court's immediate review," the 51-page filing states.
The appeal came from Trump and co-defendants including Michael Roman, Rudy Giuliani, Mark Meadows, and Jeffrey Clark as part of their ongoing effort to have the Fulton County indictment dismissed and Willis and her entire office removed from the case.
Nathan Wade, the lead prosecutor in the Fulton County election interference case, resigned as special prosecutor on March 15, hours after McAfeeissued his rulingthat either Willis or Wade must step aside from the case due to a "significant appearance of impropriety" stemming from a romantic relationship between the DA and the prosecutor.
A three-judge panel will now be randomly assigned to review the appeal application and determine whether or not to take it up. A staff attorney will also make a recommendation, but the panel has the ultimate say.
The court has 45 days to issue its decision. Only one of the three judges has to vote yes in order for them to take up the appeal.
Friday's defense filing urges the appeals court to take up their application for a number of reasons, including that McAfee's order allegedly contained a "plain legal error" by finding Willis' actions created an appearance of impropriety but not requiring her disqualification.
"The trial court was bound by existing case law to not only require Wade's disqualification (which occurred) but also to require the disqualification of DA Willis and her entire office," the filing argues. "The trial court's failure to do so is plain legal error requiring reversal."
Even though Wade has resigned, argues the filing, the case carries forward an appearance of impropriety "as long as [Willis] and her office remain involved."
Willis' disqualification "is the minimum that must be done to remove the stain of her legally improper and plainly unethical conduct from the remainder of the case," the filing argues.
The filing also highlights many of McAfee's critical statements in his ruling, including that a speech Willis made at church was "legally improper"; that an "odor of mendacity" lingers in the case; and that there were "reasonable questions about whether the District Attorney and her hand-selected SADA testified truthfully."
Chris Timmons, a former Georgia prosecutor who is now an ABC News contributor, said that in a normal scenario he would not think the court would grant the appeal. But, he said, "this case is high profile and political, so they might."
"The law of disqualification is well-settled, and the judge has a ton of discretion in making findings and crafting remedies in that area," Timmons said. "So that should mean no appeal. But I've seen appellate courts create new law in political cases."
Trump and 18 others pleaded not guilty last August to all charges in asweeping racketeering indictmentfor alleged efforts to overturn the results of the 2020 presidential election in the state of Georgia. Four of Trump's co-defendants subsequently took plea deals in exchange for agreeing to testify against other defendants.
Judge McAfee said last week he would keep moving forward with the case while Trump and his co-defendants 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 judge said.
