ATLANTA — In a significant development in the Georgia election interference case involving President-elect Donald Trump, the Fulton County Court of Appeals has ruled that District Attorney Fani Willis and her office must be disqualified from prosecuting the case. However, the court has chosen not to dismiss the case entirely, leaving open the possibility of an appeal to the Georgia Supreme Court.
The appellate judges, in a 2-1 decision, stated, “While this is a rare occasion warranting disqualification due to a significant appearance of impropriety, the record does not support dismissing the indictment under the appropriate standard.”
This case has faced turmoil since Willis disclosed a personal relationship with special prosecutor Nathan Wade, whom she appointed to the case. Despite a ruling in March allowing her to stay on the case contingent on Wade’s resignation, appeals have stalled proceedings for several months.
According to legal experts, Trump’s trial might not commence until as late as 2029. His legal team has attempted to have the charges dismissed altogether now that he has assumed the presidency again.
This Georgia case remains Trump’s last set of criminal charges. Meanwhile, other co-defendants in the sweeping racketeering case could see trials as early as the end of next year.
Should the Georgia Supreme Court uphold the Court of Appeals’ decision, the responsibility of appointing a new prosecutor would fall to the director of the Prosecuting Attorneys’ Council of Georgia.
The case centers on allegations against Trump and his associates for attempting to overturn the state’s 2020 election results through various means, including pressuring officials and submitting fraudulent elector slates. Several individuals have already pleaded guilty.
In January 2024, co-defendant Michael Roman accused Willis of unethical conduct, claiming she benefited from vacations funded by Wade’s prosecution fees. Both testified that Willis either paid her way or reimbursed Wade for expenses incurred during these trips.
Fulton Superior Judge Scott McAfee previously ruled that while Willis’ relationship with Wade presented an appearance of a conflict of interest, his ruling did not require her disqualification. McAfee noted that “an outsider could reasonably perceive that the District Attorney is not exercising her independent professional judgment entirely free from compromising influences.”
Initially, the Court of Appeals planned to review the appeal in December, but those plans were abruptly canceled shortly after Trump’s second presidential victory.
Trump faces multiple legal challenges, having been convicted in a New York trial regarding hush money payments, with a judge ruling that he cannot use presidential immunity as a defense. Two federal cases against him were dismissed following his recent election success.
A critical legal issue in the Georgia proceedings is whether state law necessitates disqualification of a district attorney solely for an actual conflict of interest or merely for perceived impropriety.
In their ruling, the appellate judges concluded that the trial court erred by not disqualifying Willis, pointing out that necessary remedies were not implemented to alleviate perceptions of impropriety regarding prosecutorial discretion.
Judge Trenton Brown, noting the exceptional nature of this case, stated, “This is a rare situation where disqualification is needed to restore public confidence in the integrity of these proceedings.”
The ruling caps off a challenging year for Willis, who began 2024 with high hopes, having made headlines for not only indicting a former president but also for spearheading notable cases, such as a major racketeering indictment. Despite defeating a primary challenger, several of her cases have faltered as the year progressed.
While some counts against Trump have been dismissed, 32 felony counts remain in this ongoing legal saga.
