In a significant legal victory for President-elect Donald Trump, the Georgia Appeals Court has disqualified Fulton County District Attorney Fani Willis from prosecuting the 2020 election interference case against him, citing a conflict of interest.
The Atlanta Journal-Constitution reports:
“The Georgia Court of Appeals ruled on Thursday that Fulton County District Attorney Fani Willis and her office should be removed from the 2020 election interference case, a bombshell decision that will upend the last remaining criminal case against incoming President Donald Trump.”
The 2-1 decision, made by a panel of judges appointed by GOP governors, found that Willis’ past romantic relationship with former special prosecutor Nathan Wade constituted an ethical conflict. Judges Todd Markle and Trenton Brown wrote:
“After carefully considering the trial court’s findings in its order, we conclude that it erred by failing to disqualify DA Willis and her office. We reverse the trial court’s denial of the appellants’ motion to disqualify DA Willis and her office. As we conclude that the elected district attorney is wholly disqualified from this case, the assistant district attorneys — whose only power to prosecute a case is derived from the constitutional authority of the district attorney who appointed them — have no authority to proceed.”
Judge Benjamin Land dissented, but the majority’s ruling effectively leaves the case without a prosecutor.
Extrajudicial Conduct Under Scrutiny
The court also took issue with extrajudicial statements made by Willis, particularly during a speech at a church in Atlanta earlier this year. Legal expert Phil Holloway, a contributor to Townhall and prominent Atlanta attorney, noted on X (formerly Twitter) that such statements constituted “forensic misconduct.”
Markle and Brown cited this misconduct in their ruling:
“After DA Willis spoke publicly in a church service on Sunday, January 14, 2024, the other appellants also filed motions seeking dismissal and disqualification on the same grounds, as well as the additional ground of forensic misconduct in connection with the church speech and various other extrajudicial statements.”
Indictment in Jeopardy
According to Holloway, the ruling renders the case an “orphan” without a prosecutor. While Willis is likely to appeal the decision to the Georgia Supreme Court, the ruling poses a significant threat to the viability of the Fulton County indictment against Trump.
As the AJC reported:
“The decision is a massive blow to Willis, one of the most recognizable prosecutors in the country who cruised to a second term earlier this month against a relatively inexperienced Republican opponent. It also could be the death knell for the fourth and final case that resulted in criminal charges against Trump after he left office in January 2021.”
This ruling underscores the broader legal and political dynamics surrounding Trump’s pending cases, particularly as he prepares to assume office once again.
