Fulton County District Attorney Fani Willis got some luck this week, as a Georgia judge ruled that a court order suspending litigation in a campaign lawsuit against former President Trump did not prevent parts of the case from moving forward.
Fulton County Superior Court Judge Scott McAfee said Tuesday he plans to continue working on several pretrial motions while the Georgia Court of Appeals reviews Wills' decision on the disbarment motion, Fox 5 reported.
On October 4, the appeals court will hear an appeal by Trump and several co-defendants seeking to disbar Willis for her “inappropriate” affair with special counsel Nathan Wade. The appeals court in the meantime has stayed all pending litigation in their cases, a setback for Willis, who had hoped to try Trump, the Republican front-runner, before the November election.
But McAfee's decision to continue pretrial motions for defendants not involved in the appeal is a victory for Willis, who has been embroiled in scandal that has led to two separate Georgia state legislative investigations into misuse of federal funds and an investigation by federal lawmakers into the same issues.
Fani Willis has faced setbacks in her lawsuits against Trump, with the latest case now before the Supreme Court.
Fulton County District Attorney Fani Willis watches a hearing in the case of State of Georgia v. Donald John Trump at the Fulton County Courthouse in Atlanta on March 1. (Alex Slits Pool/Getty Images)
The six defendants are John Eastman, Ray Smith III, Shawn Still, Steven Lee, Trevian Kutty and Misty Hampton.
McAfee said Tuesday that Hampton filed a motion for a discretionary stay of the case, arguing that an appellate court decision could disqualify the district attorney, Fox 5 reported.
Georgia court suspends Fani Willis' sweeping election lawsuit against Trump
Fulton County District Attorney Fani Willis arrives to speak after winning the Democratic primary election in Buckhead, Georgia, on May 21. (AP Photo/Bryn Anderson)
In his ruling, Judge McAfee noted that even if Willis were found unfit, the indictment, which contains several statutory and constitutional issues, would still need to be resolved, and he did not believe a complete stay of execution was the most effective approach, denying Hampton's motion, news outlets reported.
Trump's appeal to remove Fani Willis from Georgia lawsuit set to be heard in October
Former President Trump held a rally in New York City's historically Democratic South Bronx neighborhood on May 23. (Spencer Pratt/Getty Images)
Trump and co-conspirators were indicted in August after a nearly three-year investigation for allegedly trying to overturn the results of the 2020 presidential election in Georgia. The indictment included 13 charges against Trump and 18 of his associates. Four of the defendants indicted have already accepted plea deals. Six of the original charges, including three against Trump, have been dismissed.
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In February, Michael Roman, a Republican activist and co-defendant in the case, made shocking accusations that Willis had an “inappropriate” relationship with Wade, whom he hired in November 2021 to help prosecute the case.
Other co-defendants similarly alleged that she benefited financially from her relationship with him, including going on lavish holidays with him.
Wade and Willis denied having a romantic relationship before being hired and said they split the costs of trips together, with Willis saying she paid Wade for her share of the trip fare in cash.
After an evidentiary hearing in February, Judge McAfee ordered Wade removed from the bench to prevent Willis from being disqualified in Trump's Georgia election interference case, from which Wade later recused himself.
When the defense filed a joint motion for a certificate of immediate review in March, McAfee said the Fulton County District Attorney's March 15 order on the defense's motion to dismiss and disbarment “is so important to this case that it should be reviewed immediately,” and granted the defense the opportunity to appeal to the Georgia Court of Appeals, which granted it last month.
Brianna Herlihy is a political reporter for Fox News Digital.