John Merchant says the specific conflict-of-interest issues in the case haven’t been addressed by Georgia before.

He pointed to the fact that Willis was disqualified during an earlier phase of the case from investigating now-Lt. Gov. Burt Jones due to a fundraiser she held for one of his Democratic opponents.

The Georgia Supreme Court has held that an appearance of a conflict of interest is enough for disqualification, Merchant says. He adds that if the bid to disqualify Willis is denied and that ruling is reversed on appeal, there’s a good chance the trial would have to start over.

“Ms. Willis has developed a very personal interest in this case,” he says. “We have something very concrete. We’ve demonstrated through the testimony of the witnesses, some of whom impeached themselves, that we have a very personal interest.”