In a majority opinion written by Judge E. Trenton Brown issued on Thursday, December 19, the Georgia Court of Appeals ruled that Fulton Country District Attorney Fani Willis is disqualified from prosecuting former president and current President-elect Donald J Trump, citing the appearance of impropriety in Willis’s prosecution of Trump.
As background, Willis brought a case against Trump and over a dozen of his 2020 campaign and legal staff, arguing that they committed election interference in 2020. However, Trump and a number of his co-defendants challenged Willis over her romantic relationship with Nathan Wade, one of her prosecutors in the case, arguing that Willis financially benefitted from the relationship because of trips they took together.
In any case, in the opinion, Judge Brown said, that the trial court was incorrect when it decided not to disqualify Fani Willis from the case, though it did disqualify Nathan Wade. Judge 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,”
Continuing, Judge Brown then noted that there was enough of an appearance of impropriety to demolish the public’s faith in the judicial system, meaning that the remedy of disqualifying Willis was needed. She wrote, “While we recognize that an appearance of impropriety generally 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 in the integrity of these proceedings.”
Continuing, the court added that, though there was an appearance of impropriety generated by the involvement of Willis and Wade in it, that is not enough to justify a dismissal of the case. Judge Brown wrote, “We cannot conclude that the record also supports the imposition of the extreme sanction of dismissal of the indictment.”
Commenting on the case on X, former White House press correspondent Simon Ateba wrote, “BREAKING – YOUR REACTION: The Georgia Court of Appeals has just now ruled to disqualify Fulton County District Attorney Fani Willis from prosecuting the 2020 election interference case involving Donald Trump and his co-defendants, citing a conflict of interest.”
Ateba then added some commentary on what is likely to happen next in the case given the majority ruling from the appellate court. Beginning, he noted, “NOTE: With Fulton County District Attorney Fani Willis disqualified from prosecuting the 2020 election case against Donald Trump and his co-defendants, here’s what is likely to happen next.”
Continuing, he added that first a special prosecutor to replace the current team is needed, saying, “1. Appointment of a Special Prosecutor A new prosecutor will need to be appointed to oversee the case. This could be someone from outside Fulton County or an independent special prosecutor, depending on Georgia’s legal procedures. The decision will likely fall to state officials or the courts.”
Next, he noted that further delays are going to be likely given what is needed. He wrote, “2. Case Delays The disqualification could result in procedural delays as the newly appointed prosecutor reviews the case files, gathers evidence, and prepares for the next steps. These delays could potentially impact court timelines and trial dates.”
Concluding, he noted that it seems likely that Team Trump will take advantage of this ruling to further challenge the indictment, saying, “3. Challenges to the Case Trump’s legal team and co-defendants may seize this moment to challenge the validity of the charges or the integrity of the investigation, potentially arguing that Willis’s conflict of interest undermines the case as a whole.”
