ATLANTA — On December 19, a Georgia appeals court ruled that Fulton County District Attorney Fani Willis must step down from prosecuting President-elect Donald Trump and several allies over alleged interference in the 2020 election in Georgia. The 2-1 decision by the Atlanta court cited Willis’ romantic relationship with her former deputy, Nathan Wade, as creating "a significant appearance of impropriety," casting doubt on the future of the case involving Trump and 14 others.
"While an appearance of impropriety is typically insufficient for disqualification, this case is an exception where such action is necessary to restore public confidence in the integrity of the proceedings," the court stated in its opinion. Willis' office has announced plans to appeal the decision to the Georgia Supreme Court but declined further comment.
The case is one of four criminal prosecutions Trump has faced since his 2020 re-election loss. Of these, only a New York trial over a hush money payment during his 2016 campaign has reached a verdict, where Trump was found guilty but has not been sentenced. Trump has criticized all four cases as politically motivated efforts to block his return to power. While the Georgia court's decision does not dismiss the case, it mandates the appointment of a new prosecutor for it to proceed.
Steve Sadow, Trump’s lead attorney, praised the ruling as “well-reasoned and just.” The case was expected to pause against Trump as he resumes the presidency on January 20. Trump has called for its dismissal, stating that "The American people demand an end to the political weaponization of our justice system."
Trump has also indicated he plans to use federal agencies to investigate his political opponents after taking office. Ashleigh Merchant, attorney for Trump co-defendant Michael Roman, who initially requested Willis’ removal, expressed satisfaction with the court’s decision.
Trump and 18 allies were charged in 2023 with an alleged conspiracy to overturn his narrow loss in Georgia during the 2020 election. Defendants included Rudy Giuliani, John Eastman, and former White House Chief of Staff Mark Meadows. Four defendants have pleaded guilty to lesser charges, while Trump and 14 others pleaded not guilty.
Earlier this year, Trump and eight co-defendants sought to disqualify Willis, alleging her relationship with Wade created a financial benefit and improper motives to extend the case. Willis hired Wade, an Atlanta attorney, to assist with the investigation and prosecution. She acknowledged their relationship but denied any misconduct, stating she reimbursed Wade for their shared vacations.
In March, Fulton County Judge Scott McAfee ruled that Willis could continue as prosecutor if Wade stepped down, which he did. However, the appeals court found that McAfee's ruling failed to address the earlier appearance of impropriety when Willis was making pretrial decisions about charges and defendants.
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