Fulton County District Attorney Fani Willis will not return to lead the election interference case against President Donald Trump after the Georgia Supreme Court declined to hear her appeal, thereby preserving her disqualification.
In a 4-3 decision issued Tuesday, Sept 16, the state’s highest court refused to review the Georgia Court of Appeals’ December ruling that removed Willis from the case. The disqualification stemmed from her romantic relationship with special prosecutor Nathan Wade, which the appeals court found created a “significant appearance of impropriety.”
The ruling marks a major setback for Willis, who oversaw the investigation that led to the Aug. 2023 indictment of Trump and 18 allies, accused of conspiring to overturn Georgia’s 2020 election results. It also raises new questions about who will take over what remains the only pending criminal case against Trump.
Court’s Reasoning
Justice Andrew Pinson, writing a concurring opinion, said the court’s role is not to “correct errors” but to address issues of broader legal importance. He argues that Willis’ appeal was too narrowly focused and did not justify Supreme Court review.
Justices Sarah Hawkins Warren, Charlie Bethel, and Shawn Ellen LaGrua joined Pinson, while Justices John Ellington, Carla Wong McMillian, and Verda Colvin dissented.
In her dissent, McMillian argued that the case presented an unresolved issue of “great public importance”: whether prosecutors can be disqualified based solely on an appearance of impropriety.
She noted conflicting precedents and warned that a newly passed Georgia law — allowing defendants to recover legal costs if a prosecutor is disqualified for misconduct — makes the question even more significant.
Reaction to the Decision
Willis said in a statement that she respected the decision, though she disagreed with it:
“My office will make the case file and evidence available to the Prosecuting Attorneys Council for use in the ongoing litigation. I hope that whoever is assigned to handle the case will have the courage to do what the evidence and the law demand.”
Peter J. Skandalakis, executive director of the Prosecuting Attorneys’ Council of Georgia, said the process of appointing a replacement prosecutor has already begun.
Reactions split sharply along party lines:
- Attorney General Chris Carr called the decision “the correct one,” describing Willis’ removal as the result of a “self-inflicted mistake.”
- Georgia GOP chair Josh McKoon celebrated, accusing Willis of wasting tax dollars and demanding further investigation into her conduct.
- Trump’s lead attorney Steve Sadow said the ruling “correctly denied” review and argued Willis’ conduct justified her removal.
- Georgia Democrats, led by state party chair Charlie Bailey, insisted the case must continue, noting that four of Trump’s 19 co-defendants have already pleaded guilty.
What’s Next
The Prosecuting Attorneys’ Council will now assign a new prosecutor to handle the case.
Legal experts say Trump’s return to the White House complicates matters, as trying a sitting president presents constitutional challenges, but the case could still proceed against co-defendants such as Rudy Giuliani and Mark Meadows.
The ruling ensures that one of the nation’s most high-profile prosecutions remains in flux — with Willis sidelined, the future of the case rests with whoever is appointed to take her place.
