Former President Donald Trump and eight of his co-defendants accused of interfering in the 2020 election in Georgia officially appealed a judge's order allowing Fulton County District Attorney Fani Willis to stay on the case.

They claim that Superior Court Judge Scott McAfee should have removed Willis, the Fulton County district attorney, from prosecuting the case because of her romantic relationship with special prosecutor Nathan Wade, saying it creates a conflict of interest.

McAfee ruled earlier this month that Willis could remain as the prosecutor as long as Wade was no longer involved. Wade resigned the same day. 

The judge found there was no conflict of interest, but noted that the prosecution was "encumbered by an appearance of impropriety."

In their appeal application, Trump's lawyers said McAfee was wrong in not booting both Willis and Wade from the case, noting that "providing DA Willis with the option to simply remove Wade confounds logic and is contrary to Georgia law," CBS News reported. 

Steve Sadow, the lead attorney for Trump in the case, said the case should have been dismissed at a "minimum" and Willis should have been removed, the  report said. 

The court of appeals has 45 days to decide whether it will take it up. 

Trump and the other defendants are charged with violating Georgia's Racketeer Influenced and Corrupt Organizations law, known as RICO, by trying to overturn his loss to President Joe Biden in the 2020 presidential election.