Fulton County District Attorney Fani Willis has been disqualified from leading the election interference prosecution against President-elect Donald Trump and his allies. This decision, made by the Georgia Court of Appeals on Thursday, raises serious doubts about the future of the case and may lead to its dismissal unless the Georgia Supreme Court intervenes, The Hill reported.
The Georgia Court of Appeals ruled 2-1 that Willis’ past romantic relationship with Nathan Wade, a senior prosecutor on the case, created an appearance of bias. As a result, Willis was removed from the prosecution. The court’s decision reversed an earlier ruling from the trial judge that allowed Willis to continue, provided that Wade stepped aside, which he did.
Legal experts have expressed concern that the decision could end the case altogether. Anthony Michael Kreis, a law professor at Georgia State University, described the ruling as making the case “look dead,” although he noted there are still ways it could be revived. “This is complete and total omnishambles because the avenues going forward pretty much look like this case is dead,” Kreis said.
Chris Timmons, an Atlanta-based trial attorney, called the ruling “uncharted waters.” He noted that in his 17 years as a prosecutor, he had never seen an appellate court disqualify an entire district attorney's office. "The chances are not great that the case proceeds, but there’s still a chance," Timmons added.
Despite the setback, Willis is attempting to revive the case by appealing the decision to the Georgia Supreme Court. The state’s highest court, currently composed of justices appointed by Republican governors, will first decide whether to take up the case. Kreis warned that if the Georgia Supreme Court refuses to hear the appeal, it could be “the end of the story” for the prosecution.
If the Supreme Court agrees to review the case and rules in Willis’ favor, the prosecution could return to her office. On the other hand, if the appellate court’s decision stands, the case would be transferred to the Prosecuting Attorneys’ Council of Georgia (PAC), a nonpartisan state agency. PAC could assign the case to another district attorney or appoint a special prosecutor.
Pete Skandalakis, the executive director of PAC, said that not all avenues of appeal have been exhausted. In a similar case, PAC declined to pursue charges against Georgia Lt. Gov.
Burt Jones after a judge ruled that Willis could not charge him due to her involvement in a fundraiser for Jones' political opponent.
Trump’s lead attorney, Steve Sadow, celebrated the decision, calling it a “well-reasoned and just” ruling. He suggested that the court had ended what he described as a “politically motivated persecution” against Trump. “This decision puts an end to a politically motivated persecution of the next President of the United States,” Sadow said.
Trump’s co-defendants in the case also praised the ruling. Jeffrey Clark, a former Trump-era Justice Department official, referred to it as “tremendous news” and even called it a “good Christmas present.” Harrison Floyd, leader of Black Voices for Trump, took the opportunity to call for Willis to be disbarred, arguing that she must be held “accountable to the fullest extent of the law.”
Jenna Ellis, a lawyer involved in Trump’s efforts to challenge the 2020 election, shared her thoughts on social media. “Wow, the sex scandals are really catching up with everyone today. God’s way is always best. Truth always prevails,” she wrote.
With the ruling throwing a significant obstacle in the path of the case, legal experts are split on whether it can continue. Some believe that the decision could signal the end of the prosecution, while others remain hopeful that an appeal to the Georgia Supreme Court might revive it.
Anthony Michael Kreis said that the situation is dire, noting that if the Georgia Supreme Court refuses to take up the appeal, “we’re pretty much end of story here.” However, he also acknowledged that the case could return to Willis if the court ruled in her favor. “If they take it up, there’s a good chance that they might say the appellate court was wrong and Judge McAfee’s decision stands,” Kreis said.
In the event that the appellate decision stands, the case would likely be handed over to PAC. Skandalakis emphasized that all options for further appeal had not yet been explored, and the final decision would ultimately rest with the state agency.
