The Georgia Court of Appeals ruled Thursday to disqualify Fulton County District Attorney Fani Willis from prosecuting the case against President-elect Donald Trump and alleged co-conspirators accused of 2020 election subversion.
The decision, which concerns a state criminal case already paused, casts uncertainty over whether the case can proceed. The court determined that Willis' office cannot continue handling the case, requiring the appointment of a new special prosecutor for it to move forward.
Citing a "significant appearance of impropriety," the court expressed concern about potential public perceptions affecting the case. However, it declined to dismiss the broader racketeering conspiracy charges entirely.
"While we recognize that an appearance of impropriety generally is not enough to support disqualification, this is the rare case in which disqualification is mandated and no other remedy will suffice to restore public confidence in the integrity of these proceedings," the court wrote in Thursday's opinion.
The court added: "We cannot conclude that the record also supports the imposition of the extreme sanction of dismissal of the indictment."
Trump and several co-defendants sought to have Fulton County District Attorney Fani Willis disqualified from the case, citing her romantic relationship with Nathan Wade, the special prosecutor she appointed to assist with the case. The defendants claimed Willis financially benefited from the relationship, alleging Wade funded multiple vacations for the couple.
Trump and his co-defendants argued for Fulton County District Attorney Fani Willis' disqualification, citing her romantic relationship with Nathan Wade, the special prosecutor she appointed. They alleged Willis financially benefited from the relationship, claiming Wade paid for several vacations they took together.
"Failing to do so put Judge McAfee in an untenable position," said Merchant, who represents Mike Roman, a former Trump 2020 campaign official. "This failure of judgment is the exact reason Mr. Roman was forced to move to disqualify her in the first place, so we are thankful that the court agreed she should not be allowed to prosecute this case any further."
Steven Cheung, a Trump spokesman, said in a statement: "In granting President Trump an overwhelming mandate, the American People have demanded an immediate end to the political weaponization of our justice system and a swift dismissal of all the Witch Hunts against him. We look forward to uniting our country as President Trump Makes America Great Again."
