Georgia representative introducing bill to impeach Fulton County DA Fani Willis

FULTON COUNTY, Ga. - Georgia Representative Charlice Byrd (R-Woodstock) from Cherokee County plans to introduce H.R. 872, seeking to impeach Fulton County District Attorney Fani Willis, alleging the misuse of her office for political gains rather than the pursuit of justice.

Byrd is particularly critical of Willis for indicting Republicans for exercising their First Amendment rights to question election results, a practice Democrats have engaged in previously after losing significant races. Notable examples include Al Gore, Hillary Clinton, and Stacey Abrams, according to Byrd.

Rep. Byrd told FOX5 that she knows it will not be easy to get the impeachment resolution passed. 

"Yes, I have a big hill to climb," she said. Byrd acknowledges that even if it would pass the House, a two-thirds majority vote from the Georgia Senate is required.

"One never knows until they push the envelope when you try this sort of thing," said Byrd.

Byrd accuses Willis of suffering from "Trump Derangement Syndrome" and asserts that it is time for state lawmakers to intervene and curb her alleged disregard for the Constitution.

Additionally, Byrd highlights a potential conflict of interest in Willis hiring a "potential paramour" in the case against former President Donald Trump. Byrd also points out that a judge prohibited Willis from investigating Lt. Gov. Burt Jones due to her financial support for his opponent during his campaign for lieutenant governor.

Furthermore, Byrd claims that Willis should not have taken office as she owed money to the Georgia Elections Commission at the time.

It is unknown what impact the controversy surrounding Willis and Special Prosecutor Nathan Wade on the case against Trump and his co-defendants may have.

Fulton County District Attorney Fani Willis speaks during a news conference at the Fulton County Government building on August 14, 2023 in Atlanta. (Photo by Joe Raedle/Getty Images)

Reaction to calls for Fani Willis impeachment

Former Fulton County prosecutor Ash Joshi thinks the articles as written, are ridiculous. "The language that is used in there about tyrannical prosecution seems like it's in there for more for political effect," Joshi commented. 

The Georgia Senate is forming a special committee to investigate allegations of misconduct. Allegations of misconduct is also what Judge Scott McAfee will be ruling on at a hearing on February 15th in the Georgia election interference case on former President Donald Trump and co-defendants. 

Former DeKalb County District Attorney JTom Morgan says he does not believe that Willis' alleged relationship with Wade would have an impact on McAfee's ruling. "It certainly is salacious or scandalous, but it’s not something that legally on its merits warrant recusal or disqualification," said Morgan.

"I don’t expect Judge Mcafee will dismiss the case unless the defense is able to present actual evidence that DA Willis did something that is impacting how the facts, evidence or the law will be presented to the jury," said Joshi. 

Morgan says even if, hypothetically, Willis was removed from the high-profile case, she would be hard to replace. "Ms. Willis’ office is the only one that I know that can handle such an expensive prosecution," said Morgan.

Fani Willis and Nathan Wade motions and investigations

It began when former White House aide Michael Roman filed a motion on Jan. 8 seeking the dismissal of the indictment and disqualification of the district attorney's office due to an alleged romantic relationship between Willis and Wade. Trump joined this motion on Jan. 25, accusing Willis of injecting race into the case during her speech on Jan. 14 at the Big Bethel AME Church in Atlanta.

TIMELINE: FULTON COUNTY DA FANI WILLIS, NATHAN WADE CONTROVERSY

Nathan Wade's estranged wife, Joycelyn Wade, also joined the fray and produced credit card statement belonging to Wade that showed purchases of airline tickets and possibly cruises for the district attorney. 

Additionally, Fulton County Commissioner Bob Ellis has demanded documents from Willis to investigate whether funds paid to Wade were misused for personal gain. Meanwhile, the Georgia Senate is considering a special committee to probe misconduct by Willis following a bill filed by Sen. Greg Dolezal (SR 465).

Actions taken against Wade include a complaint filed by Rep. Marjorie Taylor Greene with Georgia's ethics commission, alleging his failure to register and file lobbyist paperwork, disclosing his solicitation of Willis and excessive gifts to the prosecutor, and an investigation initiated by the U.S. House Committee on the Judiciary because of its belief that Wade may possess documents and information about the coordination of the Fulton County District Attorney’s Office with politically motivated investigations and prosecutions, as well as potential misuse of federal funds.

Could Georgia lawmakers impeach Fani Willis?

A few lawmakers have proposed impeaching and removing Willis, an idea Trump endorsed over the summer. However, Georgia’s General Assembly hasn’t impeached anyone in more than 50 years. And a two-thirds majority of the state Senate is required to convict. That’s a tough hurdle because Republicans currently control less than two-thirds of the 56-seat Senate. A Republican is likely to win a vacant seat, bringing the GOP majority back to 33. Even then, five Democrats would have to vote to convict.

Also working against an impeachment proceeding: All of Georgia’s lawmakers are up for reelection this year. Taking up impeachment could keep them in session and off the campaign trail.

State Sen. Colton Moore of Trenton tried to persuade fellow Republicans to call themselves into special session over the summer to go after Willis but never got close.

Willis has been the district attorney for Fulton County since 2020 after spending 16 years as a prosecutor in the district attorney's office. She is known for successfully using Georgia's RICO (Racketeer Influenced and Corrupt Organizations Act) statute to prosecute non-mobsters. She launched the criminal investigation into Trump's alleged attempts to influence Georgia election officials in 2021. A grand jury handed down indictments against Trump and 18 co-defendants on Aug. 14, 2023. Willis plans to bring Trump and the remaining co-defendants (4 have accepted plea deals) to trial in August of this year. 

Willis' office has declined to comment on the impeachment bill.