Washington — The Georgia Court of Appeals will hear arguments Dec. 5 in a bid by former President Donald Trump and his allies to have Fulton County District Attorney Fani Willis and her office removed from the case involving an alleged scheme to overturn the results of Georgia's 2020 presidential election.

The appeals court agreed in May to review a decision from Fulton County Superior Court Judge Scott McAfee to allow Willis to continue prosecuting the case against Trump. Arguments will be heard before a three-judge panel composed of Judges Trenton Brown, Todd Markle and Benjamin Land.

The former president and a group of his co-defendants had requested oral argument before the appeals court. They were tentatively set for Oct. 4

Trump and his allies sought to disqualify Willis and her office from the sprawling racketeering case because of a personal relationship she had with Nathan Wade, who was hired as a special prosecutor. But McAfee denied the request and let Willis and her office continue working on the case as long as Wade withdrew, which he did. Trump and a group of his co-defendants then appealed the decision. 

The Georgia Appeals Court agreed to pause proceedings in the case in June while it reviews McAfee's ruling, and the Dec. 5 argument date means the prosecution will remain on hold into the new year. State law requires the appeals court to hand down a ruling by March 14, 2025, as the case was docketed for its August term. 

The former president faces 10 charges in Georgia, where he and more than a dozen of his allies were indicted in what prosecutors allege was an unlawful scheme to overturn the state's results in the 2020 election. Trump and all 18 of his initial co-defendants pleaded not guilty, though four went on to accept plea deals.

Proceedings were derailed earlier this year after one of those co-defendants, GOP operative Michael Roman, claimed Willis and Wade had an improper romantic relationship that Willis financially benefited from it.

Roman claimed the relationship began before Wade was hired in November 2021 to work on the case involving Trump, and he sought to have Willis and her office disqualified and the charges dismissed. Trump and several others joined Roman's motion claiming the prosecution was invalid and unconstitutional. 

Willis and Wade admitted they were romantically involved, but said it began after Wade was brought on to the investigation and ended in the summer of 2023. They both also denied that Willis financially benefited from the relationship and said they split the costs associated with trips they took together.

McAfee issued his ruling rejecting the disqualification effort in mid-March but denounced Willis' conduct. The judge said that while he couldn't conclusively determine when the prosecutors' relationship turned romantic, "an odor of mendacity remains." He criticized Willis for a "tremendous lapse in judgment."

Trump has attempted to dismiss the indictment on numerous grounds, including that he is absolutely immune from prosecution and the charges violate the First Amendment. But McAfee in April denied the former president's request to toss out the charges on free speech grounds, which Trump has also appealed.

A recent ruling from the Supreme Court in a different case involving Trump and the 2020 election, brought in federal court, could have an impact on his prosecution in Georgia. That case was brought by special counsel Jack Smith and claims Trump unlawfully attempted to reverse the results of the 2020 election. He pleaded not guilty to four charges.

The court's conservative majority found that former presidents are immune from federal prosecution for official acts taken while in office and it sent the case back to the federal district court to evaluate which actions alleged in the indictment are shielded. It's likely McAfee will conduct a similar review of the indictment in Fulton County to determine which actions are official or unofficial.

Melissa Quinn

Melissa Quinn is a politics reporter for CBSNews.com. She has written for outlets including the Washington Examiner, Daily Signal and Alexandria Times. Melissa covers U.S. politics, with a focus on the Supreme Court and federal courts.

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