Fulton County District Attorney Fani Willis is seeking to overturn a recent Georgia Court of Appeals ruling that disqualified her from prosecuting the high-profile election interference case against former President Donald Trump and his co-defendants.
In a petition filed late Wednesday, Willis urged the Georgia Supreme Court to review and reverse the appellate court’s decision, which cited an “appearance of impropriety” stemming from her romantic relationship with special prosecutor Nathan Wade, whom she appointed to lead the case.
Challenging the Decision
Willis contends that the appellate court’s 2-1 ruling “overreached its authority,” arguing that it set a new and overly broad standard for disqualifying a prosecutor, thereby undermining decades of established legal precedent.
“No Georgia court has ever disqualified a district attorney for the mere appearance of impropriety without the existence of an actual conflict of interest,” her filing states. “And no Georgia court has ever reversed a trial court’s order declining to disqualify a prosecutor based solely on an appearance of impropriety.”
The petition also questions whether the appellate court erred in substituting the trial court’s discretion with its own judgment, noting that the original trial court declined to disqualify Willis based on the lack of evidence of actual misconduct or conflict of interest.
Background on the Case
The case, rooted in Georgia’s anti-racketeering laws, involves allegations of a coordinated effort to overturn Trump’s narrow 2020 electoral loss to President Joe Biden in Georgia.
A grand jury in Atlanta indicted Trump and 18 others in Aug. 2023, highlighting actions such as Trump’s infamous phone call to Georgia Secretary of State Brad Raffensperger, in which he urged the official to “find” enough votes to reverse Biden’s win.
Four defendants have already pleaded guilty, while Trump and the remaining co-defendants have maintained their innocence.
Implications of the Appeal
Even if the Georgia Supreme Court sides with Willis, the timing may prevent her from prosecuting Trump directly, as he is set to return to the White House on Jan. 20.
However, 14 other defendants in the case still face charges, and Willis’ involvement could influence the prosecution of these individuals.
The Georgia case is one of several legal battles involving Trump, including a federal investigation led by Justice Department special counsel Jack Smith and a New York hush money case with sentencing scheduled for Friday.
The Georgia Supreme Court’s decision on Willis’ petition could establish a precedent for how cases involving perceived conflicts of interest are handled moving forward.
