A Georgia appeals court has set an October hearing to determine whether Fulton County DA Fani Willis may stay on the RICO case she brought against President Donald Trump and 18 other co-defendants. A challenge was brought to her remaining on the case due to revelations that she had an affair with one of the attorneys she brought onto the case. There were additional allegations of financial impropriety. The case she brought alleges that Trump and his team entered into a conspiracy over the 2020 election.  

The tentative date for the hearing is scheduled for Oct. 4, per ABC News. "A calendar will be sent to counsel of record confirming the exact date of oral argument," a notice says of the hearing. Last month, the appeals court agreed to take up the case. Trump and his codefendants are appealing the ruling from Judge Scott McAfee to keep either Willis or her lover Nathan Wade on the case. The ruling allowed for one of them to stay while the other had to recuse themselves from the case.  

Wade, not being the lead prosecutor on the case against Trump, recused himself, leaving Willis to prosecute the 45th president. "I hereby offer my resignation, effective immediately, as Special Prosecutor for the Fulton County District Attorney's office," Wade wrote in his resignation letter at the time in March. 

In a statement last month when the appeals court took up the case, Trump attorney Steve Sadow said, "President Trump looks forward to presenting interlocutory arguments to the Georgia Court of Appeals as to why the case should be dismissed and Fulton County DA Willis should be disqualified for her misconduct in this unjustified, unwarranted political persecution." 

The appeals court ruling stated, "Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby GRANTED." 

Trump has blasted the case as being politically motivated. Leading up McAfee's ruling, questions surrounding the romantic relationship between Wade and Willis led to what appeared to many to be a financial conflict of interest. Wade was paid more than other special prosecutors in the state on average and he bought plane tickets to vacation locations under Willis' name.