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By Jon Jackson and Rachel Dobkin
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What's New
Georgia's Court of Appeals on Thursday disqualified Fulton County District Attorney Fani Willis from prosecuting the 2020 election case against President-elect Donald Trump and 14 co-defendants.
Judge E. Trenton Brown wrote in the majority opinion that the trial court "erred by failing to disqualify DA Willis and her office."
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However, the court let the indictment stand against the defendants.
Trump's lawyer, Steve Sadow, said in a statement obtained by Newsweek late Thursday morning: "The Georgia Court of Appeals in a well-reasoned and just decision has held that DA Fani Willis' misconduct in the case against President Trump requires the disqualification of Willis and her office.
"The Court highlighted that Willis' misconduct created an 'odor of mendacity' and an appearance of impropriety that could only be cured by the disqualification of her and her entire office. As the Court rightfully noted, only the remedy of disqualification will suffice to restore public confidence. This decision puts an end to a politically motivated persecution of the next President of the United States."
Newsweek reached out to Willis' office via email for comment on Thursday morning.
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Why It Matters
In August 2023, Trump and 18 others were indicted for allegedly conspiring to overturn now-President Joe Biden's narrow election victory in the battleground state of Georgia. Four of the defendants have since accepted plea deals. Trump and the others, meanwhile, have pleaded not guilty. The president-elect has maintained his innocence, claiming the case is politically motivated against him.
What To Know
Trump and some of the remaining defendants have pushed to get Willis and her office removed from the case and to have the case thrown out altogether, arguing that her romantic relationship with the special prosecutor originally assigned to the case, Nathan Wade, created a conflict of interest and that Willis made improper public statements about the case.
Superior Court Judge Scott McAfee, who is overseeing the case, ruled in March that there was no conflict of interest that should force Willis off the case. But he said that Wade would have to get off the case for Willis to remain on it, and the special prosecutor subsequently resigned.
Trump and the others successfully appealed McAfee's ruling.
Fani Willis' Relationship With Nathan Wade
The allegations against Willis were first made in a motion filed in early January by the lawyer for one of the defendants, Michael Roman, a former Trump campaign staffer and onetime White House aide.
The motion alleged that Willis and Wade were involved in an inappropriate romantic relationship in which Willis paid Wade large sums of money for his work and then benefited when he paid for lavish vacations.
While Willis and Wade said they were in a relationship, they said that it didn't begin until after the special prosecutor was hired and that it ended in the summer of 2023. They also said that they split travel costs about evenly with Willis often paying expenses or reimbursing Wade in cash.
Fani Willis' Church Comments
Meanwhile, Trump and others also argued that the public comments Willis made after her relationship with Wade was revealed improperly disparaged the case's defendants and their lawyers, turning any potential jurors against them.
Soon after the relationship was made public, Willis defended Wade's qualifications and her leadership of her office while speaking at a historically Black church in Atlanta.
"You did not tell me as a woman of color, it would not matter what I did. My motive, my talent, my ability and my character would be constantly attacked," she told the congregation of Big Bethel AME Church.
Without mentioning Wade by name, she called him a "superstar, a great friend and a great lawyer."
"I'm just asking, God, is it that some will never see a Black man as qualified, no matter his achievements?" Willis said.
What People Are Saying
Charlie Kirk, conservative commenter, said on X, formerly Twitter: "This is a HUGE legal victory for not only President Trump but all of the co-defendants who were targeted alongside him."
Katelyn Polantz, CNN senior crime and justice reporter, said on the air: "That case against him in Georgia...it's already been paused. Now, it's not even backburnered. This is a case that will be dead in the water."
Joyce Vance, NBC News and MSNBC legal analyst, said on X: "This means a new DA will takeover the case, most likely a slow death knell if not an outright death for the case."
Norm Eisen, a CNN legal analyst who served as counsel to the Democrats during Trump's first impeachment, said in a statement obtained by Newsweek: "The disqualification of Fani Willis is entirely unfounded, but there is a silver lining: the indictment against Trump still stands. It should be pursued vigorously."
What Happens Next
The Prosecuting Attorney's Council of Georgia will now have to find another prosecutor to take over the case. That prosecutor will decide whether to continue the case where it currently lies, decide to pursue only some of the charges or dismiss the whole case.
Willis' office quickly filed papers Thursday indicating they would appeal the appellate court's decision to the state's supreme court.
The future of the Georgia case is made even more uncertain by Trump's November 5 election victory. It is standard procedure not to prosecute a sitting president, so it's unlikely that Trump will stand trial, at least for the next four years.
This article includes reporting from The Associated Press.
Update 12/19/24 11:01 a.m. ET: This article has been updated with additional information.
Update 12/19/24 12:01 p.m. ET: This article has been updated with comment from Steve Sadow.
Update 12/19/24 4:06 p.m. ET: This article has been updated with comment from Eisen.
Update 12/20/24 10:00 a.m. ET: This article has been updated with additional information.
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