FULTON COUNTY, Ga. — A Fulton County judge ruled Friday morning that District Attorney Fani Willis can remain on the election interference case against former President Donald Trump and more than a dozen others.
But Judge Scott McAfee said she could only do so if special prosecutor Nathan Wade, with whom she shared a romantic relationship, stepped down.
Late Friday afternoon, Wade did just that.
"I am offering my resignation in the interest of democracy, in dedication to the American public, and to move this case forward as quickly as possible," wrote Wade in a letter to Willis.
Just how quickly the case moves forward from here remains an open question. Judge McAfee's decision gave each side some of what they sought -- but neither left with everything they asked for.
Some have now wondered whether the ruling will be appealed.
Here's what legal experts say might happen next.
A potential defense team appeal
The consensus among multiple attorneys unaffiliated with the case was that defense lawyers have a clearer path forward if they want to appeal.
Veteran defense attorney Bob Rubin said he "would expect" the defense team in the election interference case to try to appeal Friday's ruling.
However, in order to get the appeals court to take up the issue now -- as opposed to after a verdict is rendered in the case -- the defense team must obtain what's known as a "certificate of immediate review," said Rubin.
It's up to Judge McAfee to grant or deny that certificate.
"It's within his discretion whether he gives it," said former Gwinnett County district attorney Danny Porter.
Rubin agreed.
"He may decide that he doesn't need to have an appellate court review his decision, that he's pretty certain that he's ruled correctly," said the defense attorney. "He may think that the trial should move forward as expeditiously as possible and deny the request for a certificate of immediate review."
If that certificate is denied, Rubin suggested the case might be able to move forward to a trial "this summer."
However, if the certificate is granted and the disqualification decision is immediately appealed, the progress toward trial is frozen until the appeals court rules.
"If he grants that certificate of immediate review, I think it's unlikely this case will be tried before the 2024 election," said Rubin.
A potential Fulton County D.A.'s Office appeal
Porter, a former district attorney, believes it's less likely Georgia law would allow D.A. Willis to appeal Friday's ruling.
In an interview earlier this week, Porter said state law typically only allows appeals of rulings that are 'final' and have met that threshold for the prosecutors. In his view, Judge McAfee's order—even if it had unequivocally disqualified the entire Fulton D.A.'s office—might not have met that threshold. Porter said state law gives prosecutors a more narrow window, typically only allowing appeals of rulings that are deemed final.
In that scenario, he said, the case would still be active, just moved to another district attorney's office.
McAfee's actual Friday order was less sweeping and in a conversation shortly after the decision was released, Porter expressed even more confidence in his analysis.
"I've consulted with some people at the Prosecuting Attorney's Council and our generalized opinion is that the state does not have a right to appeal," said Porter.
However, the former D.A. said he believes there could be a "hypertechnical" way for Fulton D.A. Willis' office to try anyway if they want to.
"(They could) apply for a certificate of immediate review, have the judge deny that, and appeal the denial of the certificate," said Porter. "But that still doesn't get them to the merits of the case."
He called the chances of that plan succeeding "highly unlikely."
But it's important to note, this case is in many ways without precedent. Whether or not the Fulton County D.A.'s office seeks an appeal, and whether such an effort would be successful, is impossible to say with certainty ahead of time.