By Stacy M. Brown,
NNPA Newswire Senior National Correspondent
@StacyBrownMedia
A Georgia appellate court on Thursday disqualified Fulton County District Attorney Fani Willis from prosecuting Donald Trump and his co-defendants in the high-profile case concerning efforts to overturn the 2020 election results. The ruling casts significant doubt on the case’s future and effectively halts prosecution efforts against Trump and his allies at the state level.
“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 appellate court stated, overturning an earlier ruling by Fulton County Superior Court Judge Scott McAffee, who had allowed Willis to remain on the case.
The controversy surrounding Willis stems from her romantic relationship with Nathan Wade, a special prosecutor she appointed to the case. Trump and his co-defendants had argued that the relationship created a conflict of interest and requested Willis’ removal. Judge McAffee initially determined that the “appearance of impropriety” required either Willis or Wade to step aside. Wade resigned hours after that decision.
However, the appellate court found that this remedy was insufficient. “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,” the court 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,” the ruling concluded.
The court’s decision stops short of dismissing the case entirely. Under Georgia law, the prosecution can still be assigned to another county prosecutor. However, legal experts suggest that finding a prosecutor willing to take on the politically charged and complex case may prove challenging.
The ruling deals a blow to state-level efforts to hold Trump and his associates accountable for attempting to overturn the 2020 election. Meanwhile, federal prosecutors have already dropped the federal criminal case against Trump related to the same events following his recent presidential victory.