Fani Willis Fights Back as She Urges Georgia Supreme Court to Reinstate Her in Trump Case

The Fulton County District Attorney’s Office is urging the Georgia Supreme Court to overturn a lower court decision that disqualified DA Fani Willis from Donald Trump’s election interference case, calling the ruling an “utterly novel” application of the law.

Trump and his 18 co-defendants have sought to remove Willis and her office from the prosecution since January 2024, citing an alleged conflict of interest due to her romantic relationship with former special prosecutor Nathan Wade.

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In December, a three-judge appellate panel ruled 2-1 in favor of disqualifying Willis, determining that her relationship with Wade created a “significant appearance of impropriety.” In a 28-page filing on Friday, Willis contended that the appellate ruling lacked legal justification and could set a dangerous precedent for prosecutorial disqualification.

“[W]ithout identifying a misapplication of settled precedent or any factual error, the majority opinion of the Court of Appeals overturned the trial court, resorting to an utterly novel application of the standards for disqualification generally and appearances of impropriety specifically,” Willis wrote.

She warned that the ruling exceeded the court’s authority and could create uncertainty in future cases if left unchallenged. The appellate decision, written by Judge Trenton Brown and joined by Judge Todd Markle, determined that the trial court failed to allow Willis to remain on the case after acknowledging a potential ethical issue in her relationship with Wade.

“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,” Judge Brown wrote in the majority opinion. The Fulton County case is one of several criminal investigations against Trump, centering on allegations that he and his allies conspired to overturn Georgia’s 2020 election results.

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The indictment accuses Trump of:

• Pressuring Georgia Secretary of State Brad Raffensperger to “find” enough votes to overturn the election.
• Attempting to persuade state lawmakers to appoint an alternative slate of electors who would certify Trump as the winner.

With the prosecution now in limbo, the Georgia Supreme Court’s decision will determine whether Willis’ office can proceed with the case or if new prosecutors must take over.

In addition to being conclusory, the majority opinion’s rationale does not add up. The majority’s basis for discarding the trial court’s remedy is laid out in a single sentence: “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 .” Put simply, this makes no sense if one accepts the trial court’s findings . The trial court did not find that any such appearance, or even the basis for one, has ever existed. The fact that the issues present in this appeal have had absolutely no impact on any Respondent whatsoever is precisely the reason that the trial court declined to dismiss the indictment, a holding which the majority opinion upheld.

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