Fani Willis permanently removed from prosecuting Trump election interference case after losing appeal

Fulton County District Attorney Fani Willis has been permanently sidelined from prosecuting President Donald Trump’s election interference case in Georgia after she lost an appeal at the state’s highest court. 

The Georgia Court of Appeals in December ruled that Willis and her office could not continue to prosecute the case, citing an “appearance of impropriety” stemming from her romantic relationship with special prosecutor Nathan Wade.

Willis appealed to the Georgia Supreme Court in January, but on Tuesday the high court declined in a 4-3 decision to take up the case. One judge didn’t participate and another was disqualified.

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Steve Sadow, Trump’s attorney in the Georgia case, welcomed the decision. 

“Willis’ misconduct during the investigation and prosecution of President Trump was egregious and she deserved nothing less than disqualification,” Sadow said in a statement. “This proper decision should bring an end to the wrongful political, lawfare persecutions of the president.”

Jeff Clarke, a former Justice Department official who is one of 19 defendants indicted under the state’s Racketeer Influenced and Corrupt Organizations (RICO) Act, said the case now moves to the Prosecuting Attorneys’ Council of Georgia, which will choose a replacement.

“Praise the Lord for progress in this case. It never should have been brought in the first place,” he said.

Willis said she disagreed with the decision but would make the case file and evidence available to the Prosecuting Attorneys Council for use in the litigation.

“While I disagree with the decision of the Georgia Court of Appeals and the Georgia Supreme Court’s divided decision not to review it, I respect the legal process and the courts,” Willis said, per Fox Atlanta. 

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The council’s executive director, Pete Skandalakis, said Tuesday he will begin searching for a new prosecutor to replace Willis but didn’t know how long that might take. He said once a new prosecutor is appointed it will be “up to him or her what to do with the case.”

That person could continue on the track Willis had taken, pursue only some charges, or dismiss the case altogether. Finding a prosecutor willing to handle it could be difficult, given its complexity and the resources required.

Even if a new prosecutor tries to follow Willis’ path, it seems unlikely Trump could be prosecuted now that he is the sitting president. But 14 other defendants still face charges.

Willis’ indictment accused Trump of pressuring officials to overturn the 2020 vote in Georgia, organizing “fake electors” and harassing election workers.

A Fulton County grand jury indicted Trump and 18 others in August 2023, and Trump surrendered at the Fulton County Jail on Aug. 24. That’s when the now-famous mugshot was taken — the first ever for a U.S. president.

The pair eventually acknowledged the relationship but argued it had no impact on the prosecution. Wade later resigned, but the controversy persisted and the Court of Appeals ruled Willis and her entire office had to be disqualified due to the appearance of impropriety.

Ashleigh Merchant, who exposed Willis’ romantic relationship with Wade as defense attorney for Trump co-defendant Michael Roman, said: “We hope this will finally close this chapter.”

The Associated Press contributed to this report.