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Legal expert shares thoughts on motion to appeal ruling keeping Fani Willis on election interference case

This is Former President Donald Trump and seven co-defendants' attempt to remove Willis from the case.

ATLANTA — There's a new hang-up in the Georgia 2020 election interference case.

Former President Donald Trump and seven other defendants filed a motion in an attempt to remove Fulton County District Attorney Fani Willis from the case. This comes after Friday's ruling on whether to disqualify Willis from the case in which Judge Scott McAfee finds no disqualifying conflict in Willis and former Special Procecustoer Nathan Wade's relationship and cites "appearance of impropriety."

So, how could this affect the trial's timeline and the upcoming presidential election? Well, that's up to the courts. 

Georgia State University law professor Clarke D. Cunningham said though the former president and his co-defendants can ask to appeal, it's not guaranteed to happen immediately "because it's before a trial."

"Then, they have to go to the Georgia Court of Appeals and persuade the Georgia Court of Appeals to take it," Cunningham said.

Even if the courts agree, Cunningham said it will still take time, suggesting that Willis start the trial as soon as possible, as time is of the essence.

RELATED: Motion filed to review Fani Willis' disqualification case ruling

"If she loses the appeal, then, she and her team are off the case, but there also is a new commission that the governor signed into law on the 13th that will probably start investigating her and has the power to remove her," Cunningham said.

Another option is for Willis to take a leave of absence. 

"I think it's much less likely that the appeal would go forward and would greatly simplify things--you know, have a career prosecutor take over, start the trial right away," Cunningham said.

Cunningham said if Trump were to be elected again before the trial, he could go to federal court and ask for an order to put a stop to state prosecution as long as he's president. If he wins, then there will be a four-year hold. 

Trump can't pardon himself for a state crime, but the two federal cases can't go away. So, everything is weighing on the Georgia case and the voter's eyes on the screen. 

"And all of us, you and I, can basically sit in the jury box and watch the evidence as it comes in. That could make a huge difference," Cunningham said. "It could determine who our next president is." 

Cunningham said Willis could start the trial as early as next month. And Trump can still file more appeals down the line. 

RELATED: Former President Donald Trump, 7 others file motion to appeal ruling keeping Fani Willis on election interference case

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