Georgia’s Court of Appeals disqualified Fulton County District Attorney Fani Willis from prosecuting the 2020 election interference case against President-elect Donald Trump and his co-conspirators. All three appeal judges were elected by Republicans. About two hours after the announcement, Willis filed an appeal to the Georgia Supreme Court. The Peach State’s highest court will have the final say on the merits of Fani Willis taking this case forward.
As a refresher, a Fulton County grand jury indicted Trump and 18 co-defendants in August 2023 for allegedly attempting to overturn the 2020 presidential election results in Georgia. Democrat Joe Biden carried the Peach State’s 16 electoral votes while winning the election by more than 11,000 votes.
In March 2024, Ashleigh Merchant, the defense attorney pushing to disqualify Willis from the Georgia RICO case, maintained Willis’s relationship with co-counsel Nathan Wade was unethical. Merchant argued Willis paid Wade $250 per hour for his services. Then, she argued the DA benefitted from the fact Wade was able to take Willis on vacations to the Bahamas, Miami and Napa Valley.
Fulton County Superior Court Judge Scott McAfee ruled Nathan Wade cannot stay on Willis’s team. Why? Because of “a significant appearance of impropriety”.
However, Judge Benjamin Land said McAfee’s ruling did not satisfy the removal of impropriety.
He wrote that he is, “particularly troubled by the fact that the majority has taken what has long been a discretionary decision for the trial court to make and converted it to something else entirely.”
“If this Court was the trier of fact and had the discretion to choose a remedy based on our own observations, assessment of the credibility of the witnesses, and weighing of the evidence,” Judge Land continued, “then perhaps we would be justified in reaching the result declared by the majority.” He added: “But we are not trial judges, and we lack that authority.”
Steven Cheung, a spokesman for Trump, issued a statement. It reads, “In granting President Trump an overwhelming mandate, the American people have demanded an immediate end to the political weaponization of our justice system and a swift dismissal of all the witch hunts against him.”
Additionally, the ruling means the Prosecuting Attorneys’ Council of Georgia must find another prosecutor to take over the case. If the Georgia Supreme Court takes the case, that process will suffer delays.
Donald Trump’s lead attorney in the Georgia case, Steve Sadow, also issued the following statement. It reads, “As the court rightfully noted, only the remedy of disqualification will suffice to restore public confidence. This decision puts an end to a politically motivated persecution of the next president of the United States.”
However, the road will not end here. The Fulton County District Attorney’s Office filed an appeal to the Georgia Supreme Court. Defined as “Writ of Certiorari”, the DA’s office is asking the State to review division two of Thursday’s decision.
Conversely, the Trump team has filed paperwork petitioning him be removed from the indictment. Their argument is he will become President again on January 20, 2025, and immune from prosecution. No matter the outcome, the case against his co-conspirators would continue.