Georgia Supreme Court Keeps Fani Willis Off Trump Election Case
Big news out of Georgia today: the state’s Supreme Court has officially declined to review the lower court’s decision that disqualified Fulton County District Attorney Fani Willis from prosecuting former President Donald Trump and eight of his co-defendants in the 2020 election interference case. This essentially cements Willis’ removal from the case and hands the reins over to the Prosecuting Attorneys’ Council of Georgia, the body that will now appoint a new prosecutor to take over.
The Supreme Court’s decision came down Tuesday morning, with a 4-3 split among the justices. Three justices—Ellington, McMillian, and Colvin—dissented, while Chief Justice Peterson and Justice Land did not participate. With this ruling, the appellate court’s December 2024 judgment that disqualified Willis remains in effect. Willis had been hoping to appeal, but the top court made it clear the appeal would not be heard.
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The backstory here is tied to a conflict of interest controversy. Earlier this year, it was revealed that Willis had a romantic relationship with Nathan Wade, a special prosecutor she had hired to help with the Trump case. That revelation prompted a legal challenge, and the Court of Appeals concluded that this relationship created an appearance of impropriety serious enough to disqualify her. The court emphasized that the trial court’s earlier attempt to resolve the situation, which would have allowed Willis to continue if Wade resigned, was insufficient to restore public confidence in the prosecution.
Willis, for her part, disagreed with the ruling, calling it a novel application of the standards for disqualification. She pointed out that no previous Georgia court had removed a district attorney solely over an appearance of impropriety without an actual conflict of interest. Despite her objections, she has said she will cooperate fully with the Prosecuting Attorneys’ Council, making all case files and evidence available to ensure a smooth transition.
Legal experts note that this decision does not dismiss the case itself, meaning the election interference investigation remains active. But the case is now in uncharted territory, with a new prosecutor needing to reassess the entire case from the ground up. Former DeKalb County DA Robert James explained that whoever takes over will likely have to review everything “to the studs” before deciding how to proceed.
Reactions have been swift. President Trump’s attorney, Steve Sadow, called the ruling “proper” and suggested it would end what he described as wrongful political prosecutions. On the other side, defense attorneys and some commentators noted that the case’s handling has been “exceptional” in the sense of being unprecedented, and that disqualification was an extraordinary but necessary step.
In short, Fani Willis’ role in this high-profile election case is over, leaving Georgia’s legal system to determine the next chapter. The case itself is far from finished, but the way it’s handled moving forward could have major implications for both Georgia law and national politics.
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