A Georgia Court of Appeals on Thursday disqualified Fulton County District Attorney Fani Willis from prosecuting the case against President-elect Donald Trump and his alleged co-conspirators over their efforts to overturn the 2020 election. The long-awaited decision, concerning a state criminal case against Trump already on hold, raises questions about whether the case can move forward.
The appeals court ruled Willis’ office can’t prosecute the case, necessitating the appointment of a new special prosecutor for the proceedings to continue. The court emphasized the “significant appearance of impropriety” surrounding Willis was enough to potentially taint the case in the public eye, even though they did not dismiss the sprawling racketeering conspiracy case entirely. “While we recognize the appearance of impropriety is not enough to support disqualification, this is the rare case in which disqualification is mandated and no other remedy will suffice to restore public confidence,” the court noted.
Willis plans to challenge the ruling, as her legal team has requested the state’s Supreme Court to review the appeals court’s decision. CNN has reached out to her office for comment on the ruling.
Trump and some of his co-defendants have sought Willis’ disqualification due to her romantic past with Nathan Wade, the special prosecutor she hired to assist with the case. The defendants argue Willis financially benefited from the relationship, which allegedly involved Wade covering several vacations for the pair.
The appeals court’s 2-1 ruling was delivered by Judges Trenton Brown III and Todd Markle, who noted trial judge Scott McAfee’s earlier ruling permitting Willis to stay on the case “did nothing to prevent the appearance of impropriety,” particularly when she had significant pretrial discretion about who to prosecute and what charges to bring. Judge Benjamin Land, dissenting from the majority opinion, claimed the court overstepped its authority by overturning McAfee’s decision.
Land urged restraint, stating, “It is not our job to second guess trial judges or to substitute our judgment for theirs... Being forced to intervene raises serious concerns about blurring the lines between the courts.” Willis has denied any financial benefit resulting from her relationship with Wade, asserting it did not influence her prosecutorial decisions.
Ashleigh Merchant, one of the defense attorneys whose motion led to the current judicial proceedings, praised the appeals court’s decision, arguing Willis should have recused herself from the start to avoid putting the judge in such a position. “Failing to do so put Judge McAfee in an untenable position,” she concluded.
Meanwhile, Trump’s lead counsel, Steve Sadow, described the appeals court decision as ending “a politically motivated persecution” against the former president, and Trump spokesman Steven Cheung issued a statement asserting, “We look forward to uniting our country as President Trump Makes America Great Again.”
The legal battle over this case seems far from resolved, as Trump and his co-defendants continue to explore other legal arguments challenging the case’s legitimacy. This includes questions around presidential immunity and duplicity with federal charges against Trump, which have now been dismissed.
Willis previously indicated her commitment to pursuing the case against Trump and allies, including Rudy Giuliani and Mark Meadows, even as he readies for another run for the presidency. The Georgia Supreme Court may revisit Willis’ ability to prosecute the case, introducing more uncertainty about the case’s future.
Following the appeals court ruling, the matter is set to return to the Fulton County Superior Court where the case will be reassigned as required by Georgia law to the Prosecuting Attorney’s Council of Georgia. Peter Skandalakis, its executive director, explained he will be responsible for seeking out new candidates to take over the case, stating, “It won’t be an easy lift.”
This developing story highlights the legal risks facing Trump and his associates as they confront efforts to overturn the 2020 election results. The court’s ruling adds another layer of complexity to what has become one of the most significant legal challenges to Trump’s political future, with appeals likely extending the timeline before any resolution is reached.
This article will be updated as more information emerges and as reactions continue to flow from both sides of this historic case.
