Fulton County District Attorney Fani Willis (C) has been investigating former US president Donald Trump for more than two years
Fulton County District Attorney Fani Willis AFP

A Georgia court on Wednesday agreed to consider an appeal by Donald Trump and his co-defendants to disqualify a District Attorney prosecuting him for trying to overturn his election loss in the state.

The Georgia Court of Appeals said in a brief order on Wednesday that it will consider Trump's petition challenging the ruling of Judge Scott McAfee that allowed District Attorney Fani Willis to continue in the the 2020 election subversion case.

It prolongs the legal battle over a former romance between Willis and her former top deputy Nathan Wade.

The romantic relationship between Willis, the Fulton County district attorney, and Wade, the special prosecutor she appointed to lead the case, was disclosed in January when a Trump co-defendant mentioned it in a court filing.

The Georgia court decision is another win in Trump's campaign to slow the criminal cases against him, although Judge McAfee has yet to set a trial date.

Trump is accused in the Georgia case of illegally pressuring state officials to overturn his loss to Biden there in the 2020 presidential election.

Trump's attorney Steve Sadow welcomed the decision and they look forward to presenting interlocutory arguments to the Georgia Court of Appeals as to why Willis should be disqualified for her misconduct in this "unjustified, unwarranted political persecution."

The latest decision also comes a day after a Trump-nominated federal judge in Florida indefinitely postponed the start of his trial on charges of mishandling classified documents after leaving the White House.

A federal case regarding Trump's efforts to undermine the 2020 election has also hit a standstill as the U.S. Supreme Court deliberates his claim that former presidents are protected from prosecution for official actions carried out while in office.

It means Trump's hush money trial is likely to be the only case to proceed to a jury verdict before voters head to the polls.

If Trump secures the presidency, he has the power to instruct the Justice Department to dismiss the two federal cases against him. However, he wouldn't have the power to stop the cases in New York or Georgia.

But legal experts say that state prosecutors are unlikely to pursue these cases while he holds the presidency.