An effort by Donald Trump to secure a review of a Georgia judge’s order declining to disqualify Fulton County District Attorney Fani Willis was scheduled on Monday for an oral argument in October, cementing the likelihood of no trial until after the election.

Fulton County Superior Court Judge Scott McAfee declined to remove Willis from the case earlier this year after Trump and several of his co-defendants alleged there was a conflict of interest following revelations of a secret relationship between Willis and her hired special prosecutor, Nathan Wade. Now an appeals court will weigh the same question later this year on Oct. 4, just one month and a day before the high-stakes presidential election in November.