A divided Georgia Court of Appeals has removed Fulton County District Attorney Fani Willis from President-elect Donald Trump’s state election racketeering case, saying her actions created the appearance of bias.
The court’s decision came after Willis admitted to having a romantic relationship with Nathan Wade, a special counsel she hired for the case. Earlier this year, Judge Scott McAfee criticized Willis for a “tremendous lapse in judgment” but allowed her to stay on the case. Trump and eight other defendants appealed that ruling, leading to the recent decision.
The appeals panel voted 2-1 to disqualify Willis, with Judges Trenton Brown and Todd Markle agreeing that her involvement raised concerns about fairness. “The trial court failed to address the appearance of impropriety in DA Willis’s decisions about who to prosecute and what charges to bring,” Judge Brown wrote. Judge Benjamin Land dissented.
Trump’s lawyer, Steve Sadow, called the ruling “well-reasoned,” saying it ended “a politically motivated prosecution.” Michael Roman’s lawyer, Ashleigh Merchant, who first argued for Willis’s removal, also praised the decision.
Willis’s office has not yet commented. While the indictment against Trump and the other defendants remains, the case now faces uncertainty as a new prosecution team will need to be assigned.
Georgia State law professor Antony Michael Kreis noted that the state Supreme Court could still overturn the ruling. If it stands, another district attorney will take over the case.
Legal expert Norm Eisen added, “While the disqualification of Fani Willis is disappointing, the indictment against Trump still stands and should be pursued. As we’ve seen in other cases, Trump is not immune to accountability.”
