The Georgia appeals court’s decision to disqualify Fulton County District Attorney Fani Willis from prosecuting the 2020 election interference case against Trump has launched the ongoing case into chaos. State officials must now find someone to fill her role, a process that could, at best, bring things to a screeching halt—or kill the case altogether.
The court announced Thursday that it had overturned a decision by Judge Scott McAfee allowing Willis to remain on the case after she faced accusations of having an improper relationship with Nathan Wade, her special prosecutor. McAfee said Willis could remain on the case if she cut ties with Wade.
Trump and eight of his 18 co-defendants had appealed the ruling, and the Georgia appeals court decided that the “appearance of impropriety” was just too much. While the indictment would not be dismissed, Willis’s “disqualification is mandated and no other remedy will suffice to restore public confidence in the integrity of these proceedings,” according to Thursday’s court filing.
The appeals court’s decision doesn’t just knock Willis out of the driver’s seat, though—it disqualifies her entire office from trying the case.
Willis’s office filed a notice Thursday afternoon indicating that it intends to appeal the court’s decision, which, if taken up, could move the case to Georgia’s Supreme Court.
In the meantime, Pete Skandalakis, executive director of the nonpartisan Prosecuting Attorneys’ Council of Georgia, will be responsible for determining who will take up the task of prosecuting the president-elect and his co-defendants, Lawfare’s senior editor Anna Bower wrote on X. But she warned that’s easier said than done.
“Realistically, it will be quite difficult to find another prosecutor who would be willing to take on this case. *If* the appeals court decision is not overturned by the GA Supreme Court, this likely spells the end of the prosecution against Trump and others in Fulton County,” Bower wrote.
