Georgia Appeals Court Removes Fani Willis From Trump 2020 Election Case

The Georgia Court of Appeals on Thursday ruled that Fulton County District Attorney Fani Willis must be removed from the 2020 election case against President-elect Donald Trump, reversing a trial judge's decision that allowed her to remain on the case.

Trump and more than a dozen allies were charged last year by Fulton County prosecutors related to what they said was an alleged scheme to overturn the results of the 2020 election in Georgia. The president-elect pleaded not guilty.

"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 court's majority found. "The 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.."

The court, which divided 2-1, said that in this case, "disqualification is mandated and no other remedy will suffice to restore public confidence in the integrity of these proceedings." But it did not dismiss the indictment, leaving it in place. The prosecution will likely be referred to a body known as the Prosecuting Attorneys' Council for reassignment.

In March, Fulton County Superior Court Judge Scott McAfee declined to disqualify Willis from the case over a romantic relationship she had with Nathan Wade, whom she hired as a special prosecutor in November 2021 to assist in the investigation into Trump and his allies. McAfee had ruled that Willis and the Fulton County District Attorney's Office could remain on the case if Wade stepped aside, which he did. 

Trump and eight co-defendants appealed McAfee's ruling. The Georgia Court of Appeals was set to hold a hearing earlier this month but canceled the proceedings after Trump defeated Vice President Kamala Harris for the presidency in November. He is set to be sworn in for a second term on Jan. 20.

Raised by Michael Roman, a longtime GOP operative charged alongside Trump, the bombshell revelation of Willis and Wade's relationship roiled the prosecution and derailed proceedings in the case for months. McAfee held a multi-day evidentiary hearing examining whether Willis had a conflict of interest in the case through her relationship with Wade and travels with him.

Roman had claimed the two started dating before Wade was hired to work on the investigation into Trump's alleged efforts to overturn the results of the 2020 election in Georgia and alleged that Willis financially benefited from the relationship. Trump and seven others joined Roman's effort to remove Willis and her office from the case and have the charges against them dismissed.

Willis and Wade admitted they were romantically involved but denied any wrongdoing. They testified that the relationship began after Wade was hired and that it ended last summer.

While McAfee's decision was a win for Willis, it lambasted her for what the judge said was a "tremendous lapse in judgment." He criticized the "unprofessional manner" of her testimony during the evidentiary hearing earlier this year, when Wade and Willis separately answered questions from prosecutors and defense attorneys about their relationship. 

The judge said that while he was not able to "conclusively establish" when Wade and Willis' relationship turned romantic, "an odor of mendacity remains."