Fulton County District Attorney Fani Willis’s (D) disqualification from Georgia’s election interference case against President-elect Trump and his allies could mark the beginning of the end of the prosecution.
Though the charges have not been formally dismissed, a state appeals court’s decision Thursday to boot Willis and her office muddies the path forward already complicated by Trump’s imminent return to the White House.
Trump and his co-defendants are celebrating the news, as legal experts view the decision as possibly dooming the case’s future.
“This is complete and total omnishambles because the avenues going forward pretty much look like this case is dead,” said Anthony Michael Kreis, a Georgia State University law professor. “Now that’s not necessarily the case — there are a few different ways that it could get resurrected. But it’s never looked more bleak.”
The Georgia Court of Appeals panel ruled 2-1 that Willis’s once-romantic relationship with Nathan Wade, a top prosecutor on the case, amounted to a significant appearance of impropriety that compelled the district attorney’s office’s disqualification.
That decision reversed the trial judge’s ruling this spring that Willis could continue prosecuting Trump if Wade stepped aside, which he did.
Chris Timmons, an Atlanta-based trial attorney, said he had never seen an appellate court disqualify a district attorney’s office in his 17 previous years serving as a state prosecutor.
“Uncharted waters — this is stuff that we don’t see every day,” Timmons said. “I think it’s really unusual to see the Court of Appeals disqualify the DA’s office. That just doesn’t happen. I mean, usually, the DA’s office disqualifies themselves.”
Willis is attempting to revive her prosecution by bringing the appeals court’s disqualification to the Georgia Supreme Court. That court, which is controlled by justices appointed by Republican governors, would have to first decide whether to take up the appeal.
“The chances are not great that the case proceeds, but there’s still a chance,” Timmons said.
Kreis said the state Supreme Court could step in to say the appeals court has “just fundamentally not done your job right,” or it could choose to “wipe our hands of this and move on.”
“If the Supreme Court of Georgia refuses to take this up, then I think we’re pretty much end of story here,” Kreis said. “If they take it up, there’s a good chance that they might say the appellate court was wrong and Judge McAfee’s decision stands — in which case we go back to Fani Willis.”
If the court lets Thursday’s ruling stand, the case would be handed over to the Prosecuting Attorneys’ Council of Georgia (PAC), a nonpartisan state agency.
Pete Skandalakis, PAC’s executive director, said he was aware of the appeals court’s decision but declined further comment as Willis continues appealing.
“At this point, all avenues of appeal have not been exhausted,” Skandalakis said in a statement.
The PAC could send the case to another district attorney’s office, which would then decide whether to proceed, appoint a special prosecutor or handle the case itself.
The latter option is how PAC proceeded when it took over whether to charge Georgia Lt. Gov. Burt Jones (R) in the election interference case. A judge prevented Willis from charging Jones after she attended a fundraiser for one of his political opponents.
More than two years later, the council declined to bring any charges against Jones, saying his actions were “reasonable and not criminal in nature.”
“My review of the evidence finds this matter does not warrant further consideration,” Skandalakis said at the time.
Also complicating Trump’s case is his imminent return to the White House. Legal experts agree the prosecution cannot continue while Trump is in office, meaning any chance of resurrecting his prosecution may not come until 2029.
“This decision puts an end to a politically motivated persecution of the next President of the United States,” Steve Sadow, Trump’s lead attorney in the case, said in a statement, calling Thursday’s decision “well-reasoned and just.”
Trump’s co-defendants, whose charges could move forward while Trump is in office, have similarly celebrated the ruling.
Jeffrey Clark, a Trump-era Justice Department official, called it “tremendous news” and a “good Christmas present” during an appearance on Steve Bannon’s “War Room” podcast.
Harrison Floyd, who led Black Voices for Trump, posted to the social platform X a video of Grinch toys dancing to the song “Only God Can Do It” from Renee Winston.
“The decision by the Appeals court is the first step in the right direction. However, in order to prevent partisan prosecutors from weaponizing their office in the future, Fani Willis MUST be DISBARRED, and held ACCOUNTABLE to the fullest extent of the law. This isn’t over!” Floyd wrote in a subsequent post.
Jenna Ellis, an attorney involved in Trump’s effort to overturn the 2020 election results who took a plea deal in the Fulton County case, reposted on X the suggestion that Willis and Wade should face perjury charges.
“Wow, the sex scandals are really catching up with everyone today. God’s way is always best. Truth always prevails,” Ellis wrote.
