The Court of Appeals for the State of Georgia agreed on Wednesday to consider former President Donald Trump‘s appeal of a judge’s decision not to remove Fulton County District Attorney Fani Willis from prosecuting his sweeping racketeering case.

The appeals court had until May 13 to decide whether to take up the appeal of Fulton County Superior Court Judge Scott McAfee‘s March 15 decision to keep Willis on the case. McAfee’s decision came with the caveat that Willis’s ex-lover and special prosecutor, Nathan Wade, had to step aside due to the “odor of mendacity” the judge said their romantic relationship left on the prosecution.