In a significant legal development, the Georgia Court of Appeals ruled Thursday to disqualify Fulton County District Attorney Fani Willis and her office from the high-profile election subversion case against President-elect Donald Trump.
The three-judge panel voted 2–1 to overturn a lower court decision, citing Willis’s previously undisclosed romantic relationship with Nathan Wade, the case’s lead special prosecutor. The ruling raises new uncertainties in the already tumultuous case.
“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,” the appellate panel wrote in its 31-page order.
A Conflict of Interest Uncovered
The decision comes after Trump and several co-defendants argued that Willis should be disqualified due to her relationship with Wade, whom she hired in November 2021. Judge Scott McAfee of the lower court initially declined to disqualify Willis, asserting that Wade’s resignation from the case would suffice to address any conflict of interest.
However, the appellate judges disagreed, ruling that the disqualification of Willis and her office was necessary to restore public confidence in the proceedings. “This is the rare case in which disqualification is mandated and no other remedy will suffice,” the judges wrote.
Despite Willis’s removal, the charges themselves remain intact, leaving the case’s future in doubt. Legal experts suggest it could now be handed over to a state government agency to determine whether to transfer the case to another prosecutor’s office or let it stall indefinitely.
A Blow to the Prosecution
The disqualification marks the latest setback in Trump’s legal battles, which have seen prosecutors struggle to bring charges to conclusion. Former U.S. Attorney Joyce Vance described the appellate court’s decision as “most likely [a] slow death knell if not an outright death for the case.”
Georgia-based lawyer Phil Holloway noted the sprawling and complex nature of the indictment could discourage other prosecutors from taking it up, effectively leaving the case in limbo.
The ruling follows other high-profile defeats for prosecutors in Trump’s legal battles. Special counsel Jack Smith terminated two federal criminal cases against Trump following his election victory, while the New York hush money case stands as the sole conviction. However, even that case faces hurdles, with Trump’s legal team vowing to challenge its outcome as he assumes the presidency.
What’s Next?
Willis’s office has not commented on the decision, but she could appeal to the Georgia Supreme Court. Meanwhile, the state agency that inherits the case faces a challenging decision: whether to revive a case that has become increasingly fraught with political and legal complications.
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