A Georgia appeals court has disqualified Fulton County District Attorney Fani Willis from her election-related criminal case against President-elect Donald Trump, although the indictment still stands.
Trump and his codefendants were charged in 2023 by Willis’s office for what they alleged was a scheme to illegally overturn the results of the 2020 election in Georgia. They pleaded not guilty.
However, Willis’s case hit a snag in early 2024 after it was revealed that she engaged in a romantic relationship with the case’s then-special prosecutor, Nathan Wade. A Fulton County judge in March ruled that Willis could remain as prosecutor if Wade resigned, which he later did.
Trump and multiple codefendants appealed the judge’s decision to the Georgia Court of Appeals, which rendered its decision on Willis Thursday morning.
“After carefully considering the trial court’s findings in its order, we conclude that it erred by failing to disqualify DA Willis and her office,” the Georgia Court of Appeals’s majority wrote in its decision.
The court added that a “remedy crafted by the trial court to prevent an ongoing appearance of impropriety did nothing to address the appearance of impropriety that existed at times when DA Willis was exercising her broad pretrial discretion about who to prosecute and what charges to bring.”
Earlier this year, Trump codefendant Michael Roman alleged in court papers that Willis and Wade were in a romantic relationship.
During a court hearing weeks later, both Wade and Willis admitted to being romantically involved, although the pair denied allegations that either of them financially benefited from the arrangement. They also disputed claims their relationship started after Wade was hired as special prosecutor and that it ended in the summer of 2023.
In rendering a decision to allow Willis to stay on the case, Fulton County Judge Scott McAfee wrote that an “odor of mendacity” persisted in light of the allegations against the district attorney and Wade.
McAfee also admonished Willis for the “unprofessional manner” in how she conducted herself during the evidentiary hearing and showed a “lapse in judgment.” He also chided her for what he described as racially charged statements she made at a church in Atlanta after Roman made the allegations against her.
However, the judge said he was not able to conclusively establish that there was a conflict of interest.
Throughout the court battle, Willis has defended her own conduct and Wade’s qualifications. During a CNN interview earlier this year, Willis said she believes the appeals court proceedings were only an attempt to slow down the case.
“I do think that there are efforts to slow down the train, but the train is coming,” Willis said at the time, adding that she does not believe her relationship with Wade impacted the case.
The case against Trump and the others, including former White House chief of staff Mark Meadows and former New York City Mayor Rudy Giuliani, had been stalled for months as the appeals court considered the Willis removal petition.
The ruling Thursday now means that the Prosecuting Attorneys’ Council of Georgia will have to find another prosecutor to take over the case and to decide whether to continue to pursue it, though that could be delayed if Willis appeals to higher courts.
It appears unlikely that prosecution against Trump will continue as he prepares to be president for the next four years. But 14 other defendants still face charges.
Two federal criminal cases against Trump have already been abandoned since the Republican won the presidency in November.
Meanwhile, a judge in New York has said he would not throw out Trump’s conviction in May on the case alleging 34 counts of falsifying business records, though the future of that case is uncertain.
The Associated Press contributed to this report.
From The Epoch Times