Fani Willis appeal in Trump case rejected by Georgia Supreme Court
Search for new prosecutor in Trump RICO case begins
The Georgia Supreme Court has declined to hear Fulton County District Attorney Fani Willis? appeal of her removal from the election interference case against President Donald Trump, according to The Associated Press. The decision leaves in place a lower court ruling that disqualified Willis from overseeing the prosecution. Now, a state agency must decide who will take over the case.
FULTON COUNTY, Ga. - The Georgia Supreme Court has declined to hear Fulton County District Attorney Fani Willis’ appeal of her removal from the election interference case against President Donald Trump, according to The Associated Press.
The decision leaves in place a lower court ruling that disqualified Willis from overseeing the prosecution. The case stems from allegations that Trump and his allies tried to overturn Georgia’s 2020 presidential election results.
Timeline: Fulton County DA Fani Willis, Nathan Wade controversy
What led to the disqualification
The backstory:
Fulton County District Attorney Fani Willis was removed from the Donald Trump election interference case after revelations surfaced about her romantic relationship with special prosecutor Nathan Wade, whom she had hired to help lead the prosecution in 2021.
Defense attorneys argued the relationship created a conflict of interest and an appearance of impropriety, prompting multiple legal challenges.
In March 2024, Judge Scott McAfee ruled that either Willis or Wade would have to step aside, and Wade resigned, allowing Willis to remain on the case temporarily. But in December 2024, the Georgia Court of Appeals determined that the relationship had already undermined confidence in the prosecution, ruling 2-1 to disqualify Willis and her office entirely.
The court said the appearance of impropriety could not be cured by Wade’s resignation alone. Willis sought review from the Georgia Supreme Court, but justices declined to hear the appeal, leaving the disqualification in place and shifting responsibility for the case to another prosecutor.
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What could happen next
Dig deeper:
In January, Willis asked the Georgia Supreme Court to review the ruling that disqualified her from the Trump election interference case. On Tuesday, the justices declined in a 4-3 decision to take up the matter, with one judge not participating and another disqualified.
That decision leaves it to the Prosecuting Attorneys’ Council of Georgia to appoint a new prosecutor. Whoever takes over will have the option to continue the case on the path Willis set, pursue only certain charges, or dismiss it altogether. The case’s complexity and high-profile nature could make it difficult to find someone willing to assume the role, but the head of the PAC said he will begin the search today, focusing on metro Atlanta.
Even if a new prosecutor continues as Willis did, the chances of prosecuting Trump now that he is the sitting president appear unlikely. Fourteen other defendants still face charges from the August 2023 indictment, which accused Trump and 18 others of engaging in a racketeering scheme to overturn Georgia’s 2020 election results. The indictment highlighted Trump’s call to Georgia Secretary of State Brad Raffensperger urging him to "find" enough votes to change the outcome. Four defendants have already pleaded guilty.
In her filing, Willis argued that no Georgia court had ever removed a district attorney solely for the appearance of impropriety without evidence of an actual conflict of interest. She also said the appeals court erred by overriding the trial court’s discretion. Lawyers for Trump countered that disqualification was the only remedy to eliminate the appearance of impropriety.
Reaction to the ruling
What they're saying:
Fulton County District Attorney Fani Willis released the following statement:
"While I disagree with the decision of the Georgia Court of Appeals and the Georgia Supreme Court’s divided decision not to review it, I respect the legal process and the courts. Accordingly, 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."
Steve Saddow, lead councel for President Trump in Georgia, sent the following statement:
"The GA Supreme Ct. has correctly denied review of the GA Ct. of Appeals decision disqualifying DA Willis and her office as prosecutors in the Fulton County RICO case. Willis’ misconduct during the investigation and prosecution of President Trump was egregious and she deserved nothing less than disqualification. This proper decision should bring an end to the wrongful political, lawfare persecutions of the President."
Lt. Gov. Burt Jones sent the following statement in response to the ruling:
"The Supreme Court just shut Fani Willis down. Her political circus is OVER. She came after myself, President Trump and all of our conservative values, and has now lost — twice. Georgia deserves better than a DA who weaponizes the justice system for her own political gain. Today justice is served for Georgia, and justice is served for President Trump."