An effort by former President 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.

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, just one month before the high-stakes presidential election.

McAfee declined to remove Willis under the condition that Wade resign as special prosecutor. He wrote that their relationship left an “odor of mendacity” in the case that needed to be handled by Wade’s departure.

The appeals court setting the hearing to weigh whether Willis can remain on the case just one month before the 2024 election marks a victory for the former president, who has challenged the validity of her case. However, McAfee will be allowed to move through pretrial motions and hearings while both parties await the state appellate court’s decision on whether Willis should be entirely removed from the case.

It’s not clear what day in October the oral argument hearing will take place.

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The relationship between Willis and Wade came from a bombshell complaint in January from co-defendant Mike Roman, a Republican operative who claimed the two prosecutors engaged in an “improper, clandestine” relationship that raised questions about whether the pair misused taxpayer dollars.

Trump was first indicted alongside 18 others in a sweeping racketeering case last August, alleging he formed a criminal enterprise to subvert the state’s election results.

This is a developing story and will be updated.