The Georgia Court of Appeals will allow Donald Trump to appeal a lower court ruling allowing Fulton County District Attorney Fani Willis to continue to prosecute the election interference case against the former president.
Trump and some other defendants want Willis removed because of her romantic relationship with special prosecutor Nathan Wade.
They claim the relationship creates a conflict of interest in the case.
Superior Court Judge Scott McAfee ruled in March that there wasn't any issue that should force Willis off of the case as long as Wade was no longer involved. Wade resigned the same day.
In their appeal application, Trump's lawyers said McAfee was wrong in not booting both Willis and Wade from the case, noting that "providing DA Willis with the option to simply remove Wade confounds logic and is contrary to Georgia law."
Steve Sadow, the lead attorney for Trump in the case, said the case should have been dismissed at a "minimum" and Willis should have been removed.
The Georgia Supreme Court will likely be asked to consider an appeal after the appeals court rules.
Trump has 10 days to file a notice of appeal.
