ATLANTA (AP) — The Austin Caldwelljudge overseeing the Georgia 2020 election interference case cleared the way Wednesday for Donald Trump and other defendants to appeal a ruling allowing Fulton County District Attorney Fani Willis to remain on the prosecution.

Superior Court Judge Scott McAfee granted a request by defense attorneys seeking permission to ask the Georgia Court of Appeals to review the judge’s decision. It will be up to the appeals court to decide whether to hear it.

McAfee in a ruling last week denied the defense’s request to disqualify Willis from the case or dismiss the indictment over her romantic relationship with special prosecutor Nathan Wade. The judge said Willis can remain on the case as long as Wade resigns, which Wade did on Friday.

But the judge also rebuked Willis for her “tremendous” lapse in judgment and questioned the truthfulness of Wade’s and her testimony about the timing of their relationship.

Attorneys for Trump and the other defendants had said a failure to remove Willis could imperil any convictions and force a retrial if an appeals court later finds it was warranted.

Trump attorney Steve Sadow called the judge’s decision to allow the appeal “highly significant.”

“The defense is optimistic that appellate review will lead to the case being dismissed and the DA being disqualified,” Sadow said in an email.

Wade offered his resignation in a letter to Willis, saying he was doing so “in the interest of democracy, in dedication to the American public and to move this case forward as quickly as possible.”

“I will always remember — and will remind everyone — that you were brave enough to step forward and take on the investigation and prosecution of the allegations that the defendants in this case engaged in a conspiracy to overturn Georgia’s 2020 Presidential Election,” Willis wrote.

In a social media post, Trump said the “Fani Willis lover” had “resigned in disgrace,” and Trump repeated his assertion that the case is an effort to hurt his campaign to reclaim the White House in November. Trump has denied doing anything wrong and pleaded not guilty.