Georgia’s Court of Appeals on Thursday disqualified Fulton County District Attorney Fani Willis from prosecuting President-elect Donald Trump for supposed election interference, throwing the entire case into disarray.
Willis hired her boyfriend, Nathan Wade, to be special prosecutor in the case and allegedly benefited financially from the arrangement.
“This is the rare case in which disqualification is mandated and no other remedy will suffice to restore public confidence in the integrity of these proceedings,” Judge Trenton Brown wrote in the ruling, which was made by a three-judge panel.
The ruling means Willis can’t lead the case against Trump in Georgia, but it’s uncertain how or if the case will continue when it’s kicked to another prosecutor.
“Fani Willis was just disqualified by the Georgia Court of Appeals. Trump appears to be running the table in these lawfare cases,” law professor Jonathan Turley posted to X on Thursday.
“It will now be up to another prosecutor as to whether to continue the case.”
Fani Willis was just disqualified by the Georgia Court of Appeals. Trump appears to be running the table in these lawfare cases. It will now be up to another prosecutor as to whether to continue the case…
— Jonathan Turley (@JonathanTurley) December 19, 2024
Turley noted that Willis, while “attempting to bag Trump,” “created an absurdly attenuated RICO theory that should not be embraced by the new prosecutor.”
“While this disqualification is due to the conduct of Willis and not the underlying claims, any new prosecutor will have to make an independent judgment on whether and what to prosecute,” he wrote.
…While this disqualification is due to the conduct of Willis and not the underlying claims, any new prosecutor will have to make an independent judgment on whether and what to prosecute…
— Jonathan Turley (@JonathanTurley) December 19, 2024
The professor added that Willis “spent copious amounts of time and money” clinging to the Trump case, while “most prosecutors” would view continuing it as “undermining her office and not serving the interests of the public.”
“Willis was so invested in playing this high-profile lawfare role that she was willing to suspend prosecution and endanger the case itself,” he said.
When Fulton County Superior Court Judge Scott McAffee left the door open for Willis to withdraw, she refused, Turley said, which forced the appeal that ultimately led to her demise — and possibly the case’s demise.
…Fulton County Superior Court Judge Scott McAffee correctly criticized Willis for her decisions and creating “an appearance of impropriety.” However, he left it to Willis to do the right thing and withdraw. She did not and forced this appeal…
— Jonathan Turley (@JonathanTurley) December 19, 2024