Trump's appeal to remove Fani Willis from 2020 election interference case set for October

June 3 (UPI) -- The Georgia Court of Appeals in October plans to hear Donald Trump's appeal to remove Fulton County District Attorney Fani Willis from the case related to the former president's attempt to overturn the 2020 election.

On Monday, the court scheduled oral arguments for Oct. 4, one month before the 2024 presidential election. Trump is the presumptive Republican nominee.

Arguments will be heard by Judges Trenton Brown, Todd Markle and Benjamin Land, all appointed by Republican governors. They were randomly selected among 15 appeal court judges.

"We look forward to presenting arguments before Judges Brown, Markle and Land on why this case should be dismissed and Fulton County DA Willis should be disqualified for the trial court's acknowledged 'odor of mendacity' misconduct in violation of the Georgia Rules of Professional Conduct," Trump's lawyer Steven Sadow said in a statement obtained by NBC News.

Trump's attorneys filed the appeal on May 8 after Judge Scott McAfee ruled on March 20 the case would move forward and Willis could remain as prosecutor.

Willis has admitted to a prior romantic relationship with Nathan Wade, the special prosecutor she appointed.

The judge found no "actual conflict" but ruled a reasonable observer could recognize an appearance of a conflict that may undermine public trust in the prosecution.

McAfee said that Willis or Wade needed to step down from the case, and within hours, he announced his resignation.

"This finding is by no means an indication that the court condones this tremendous lapse in judgment or the unprofessional manner of the District Attorney's testimony during the evidentiary hearing. Rather, it is the undersigned's opinion that Georgia law does not permit the finding of an actual conflict for simply making bad choices -- even repeatedly -- and it is the trial court's duty to confine itself to the relevant issues and applicable law properly brought before it," he added.

McAfee allowed the defense to appeal before the trial begins because the matter "is of such importance to the case that immediate review should be had."

Trump and 18 others are facing state racketeering charges related to the efforts to overturn the 2020 election. Four co-defendants pleaded guilty as part of agreements with prosecutors while the 15 remaining co-defendants, including Trump, have pleaded not guilty.

Willis' office has not responded to the appeal scheduling.