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Appeals court to hear arguments over whether Fani Willis should stay on election interference case

Fani Willis ATLANTA, GEORGIA - NOVEMBER 21: Fulton County District Attorney Fani Willis appears before Judge Scott McAfee for a hearing in the 2020 Georgia election interference case at the Fulton County Courthouse on November 21, 2023 in Atlanta, Georgia. Judge McAfee heard arguments as to whether co-defendant Harrison Floyd should be sent to jail for social media posts and comments that potentially targeted witnesses in the trial. McAfee declined to revoke Floyd's bond. Floyd was charged along with former US President Donald Trump and 17 others in an indictment that accuses them of illegally conspiring to subvert the will of Georgia voters in the 2020 presidential election. (Photo by Dennis Byron-Pool/Getty Images) (Pool/Getty Images)

ATLANTA — The Georgia Court of Appeals said it will hold oral arguments over the appeal by former President Donald Trump and other defendants in the Georgia election interference case over the ruling that allowed Fulton County District Attorney Fani Willis to stay on the case.

Those arguments will be held on Dec. 5, according to court documents.

The case against Trump and several of his associates who have been indicted here in Georgia over alleged attempts to overturn the 2020 election is currently on hold as the Court of Appeals decides whether or not Willis should be removed from the case.

Trump and other co-defendants filed a motion to remove Willis from the case over her relationship with special prosecutor Nathan Wade.

Willis and Wade acknowledged the relationship, which they said ended last summer, but they have argued it does not create any sort of conflict and has no bearing on the case.

Fulton County Superior Court Judge Scott McAfee ruled that Willis would be allowed to stay on the case if Wade stepped aside. Wade resigned the same day as the ruling.

Trump and his attorneys later submitted an appeal arguing the indictment should have been dismissed, and that Willis and her team should have been disqualified from the case.

Last month, Willis asked for the appeal to be dismissed due to a “lack of sufficient evidence.”

The appeal will be heard in front of three justices but the ruling makes it clear that this issue will not be resolved before people head to the polls in November.

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