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

Fulton County District Attorney Fani Willis speaks during a news conference, Aug. 14, 2023, in Atlanta, Georgia.
Fulton County District Attorney Fani Willis speaks during a news conference, Aug. 14, 2023, in Atlanta, Georgia.
John Bazemore via Associated Press

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.

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 DAWillis was exercising her broad pretrial discretion about who to prosecute and what charges to bring.”

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