In a significant legal development, Georgia’s Court of Appeals has ruled to disqualify Fulton County District Attorney Fani Willis from prosecuting the election interference case against President-elect Donald Trump. This decision comes after a March ruling from a Georgia trial judge, which had previously allowed Willis to continue with the case.
The controversy stems from Willis’ romantic relationship with Nathan Wade, an attorney she hired to assist in prosecuting the case. Wade was paid $650,000 for his role, and it was revealed that the couple had taken vacations together, raising questions about a potential conflict of interest. Trump’s defense team argued that the relationship allowed Willis to benefit personally at taxpayers’ expense and that the hiring process for Wade was irregular.
While Georgia Judge Scott McAfee had ruled in March that the relationship did not result in a financial conflict for Willis, he acknowledged that it created an appearance of impropriety. He suggested that the issue could be resolved if Wade resigned, which he did. However, Trump’s legal team appealed, and Georgia’s Court of Appeals overturned the decision in a 2-1 vote, with Judge Trenton Brown writing that the appearance of impropriety was not resolved by Wade’s resignation. In contrast, dissenting Judge Benjamin Land argued that the appeals court did not have the authority to override the trial judge’s decision.
Law professor Anthony Michael Kreis criticized the ruling, stating that it was problematic because the court failed to clarify the legal standard in question, instead substituting its judgment for the trial judge’s.
Following the ruling, Trump’s spokesperson reiterated calls for an end to what they described as political weaponization of the justice system. Fani Willis, who was recently reelected, has stated her intention to appeal the decision to the Georgia Supreme Court. If the appeals court ruling stands, the case, which has been on hold, may now be stalled unless a special prosecutor is appointed.