Court Disqualifies Embattled Prosecutor Fani Willis From Trump’s Georgia Election Case

A Georgia appeals court on Thursday disqualified and removed Fulton County District Attorney Fani Willis from President-elect Donald Trump and his co-defendants’ election interference case there, after the prosecutor was accused of having a conflict of interest stemming from a romantic relationship with Nathan Wade, who’d been a special prosecutor on the case.

Trump and his co-defendants were charged last year in a 97-page indictment related to allegations of an unlawful conspiracy to change the outcome of the 2020 presidential election. Those charges will stand but the case is now set to face prosecutorial reassignment, with the appeals court overturning a trial court judge’s ruling that had allowed Willis to remain on.

The appeals court, in a 2-1 ruling, said that it is a rare case in which “disqualification is mandated and no other remedy will suffice to restore public confidence in the integrity of these proceedings.” Willis’ office has called for the Georgia Supreme Court to review the ruling. Although a recent Supreme Court ruling granted Trump immunity for “official acts” while in office, his acts as a candidate may not fall under that decision.

Michael Roman, a co-defendant in the Fulton County case and a former Trump campaign official accused Willis of taking vacations with Wade with funds used as compensation for him to be a part of the prosecution team. In February, Willis and Wade testified that she used her own funds for the trips or reimbursed Wade.

Georgia Supreme Court Judge Scott McAfee, who serves as the trial court judge, ruled in March there was not a conflict of interest that mandated Willis’ removal, but Trump and other defendants appealed his decision.

If Trump were to face trial, it would not occur until 2029. However, other co-defendants could face trial late next year. The case is the last remaining criminal case against the president-elect.

In a majority opinion Thursday, Judge E. Trenton Brown III wrote that the state sought affirmation of “the trial court’s order in its totality, including the imposition of an alternative remedy requiring that either DA Willis, along with the whole of her office, step aside and refer the case to the Prosecuting Attorneys’ Council for reassignment, or Special Assistant District Attorney Nathan Wade (‘SADAWade’) withdrew from the case.”

It added: “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. The remedy crafted by the trial court to prevent an ongoing appearance of impropriety did nothing to address the appearance of impropriety that existed at times when DA Willis was exercising her broad pretrial discretion about who to prosecute and what charges to bring.”