Georgia appeals court disqualifies Fulton County District Attorney Fani Willis from prosecuting Trump

The Georgia Court of Appeals ruled on Thursday to disqualify Fulton County District Attorney Fani Willis from prosecuting the case against President-elect Donald Trump and his alleged co-conspirators over attempts to overturn the 2020 election results.

This decision in the state criminal case against Trump, which was already paused, raises uncertainty about its future. The appeals court determined that Willis’ office cannot continue prosecuting the case, necessitating the appointment of a special prosecutor for it to proceed.

The court cited a “significant appearance of impropriety” as a key factor, suggesting it could undermine public confidence in the case. However, the judges stopped short of dismissing the case entirely.

“This is the rare instance where disqualification is required to restore public confidence in the integrity of the proceedings,” the court wrote in its opinion, adding that dismissal of the indictment was not warranted.

Willis plans to challenge the ruling and has requested the Georgia Supreme Court to review the appellate decision. Her office has not yet commented publicly.

Trump and some of his co-defendants sought to have Willis removed, citing her alleged romantic relationship with Nathan Wade, a special prosecutor she hired for the case. They argued that Willis had a financial interest due to the relationship, with claims Wade covered several joint vacations. Willis denies these allegations, maintaining that her personal life did not influence her professional decisions.

In a 2-1 majority opinion, Judges Trenton Brown III and Todd Markle criticized trial judge Scott McAfee’s earlier decision to allow Willis to remain on the case. They stated the ruling failed to address the potential appearance of impropriety. In dissent, Judge Benjamin Land argued that the majority overstepped its authority by reversing McAfee’s decision.

Ashleigh Merchant, an attorney representing Mike Roman, a former Trump campaign official and one of the defendants, welcomed the decision, stating that Willis should have voluntarily recused herself earlier. Steve Sadow, Trump’s lead counsel, called the ruling “an end to a politically motivated persecution.”

Further legal complications remain, as Trump and his co-defendants continue to raise other legal challenges, including claims of presidential immunity and concerns over the overlap of state and federal charges. The Georgia Supreme Court could still weigh in on Willis’ disqualification.

If Willis’ removal is upheld, the case would be reassigned to the Prosecuting Attorneys’ Council of Georgia. Executive Director Peter Skandalakis explained that his role would involve selecting a new prosecutor, who could be a district attorney, state attorney general, private lawyer, or council member.

This case, involving key Trump allies like Rudy Giuliani and Mark Meadows, represents a significant legal challenge related to the aftermath of the 2020 election.