Fani Willis disqualified in Trump election case
By: Bart Jansen
USA Today
..... A divided Georgia Court of Appeals disqualified the prosecutor in President-elect Donald Trump's election racketeering case on Thursday [12/19/2024] by ruling Fulton County District Attorney Fani Willis carried the appearance of impropriety when she made decisions about whom to prosecute and what charges to bring.
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Willis had acknowledged a romantic relationship with another prosecutor on the case, Nathan Wade. After fiery hearings earlier this year [2024] over an alleged conflict of interest, Fulton County Superior Court Judge Scott McAfee ruled Willis showed "a tremendous lapse in judgment: but that she could remain on the case.
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But Trump and eight other defendants in the sprawling prosecution appealed that decision.
..... The appeals panel voted 2-1 to disqualify Willis. judge Trenton Brown wrote the opinion joined by Judge Todd Markle. Judge Benjamin Land dissented.
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"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," Brown wrote for the court. "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."
..... Neither Willis' office nor Trump's lawyers immediately responded to request for comment.
Will Trump go on trial in Georgia?
..... The division throes into uncertainty when any trial could be held for the 15 defendants who have not already pleaded guilty. The appeals court refused to dismiss the indictment.
..... McAfee had postponed scheduling a trial on the Georgia charges while awaiting the appeals ruling. Replacing Willis is expected to significantly delay a trial for any defendant prosecuted.
..... Trump and 18 co-defendants were indicted on charges they tried to steal the 2020 election. Four defendants have pleaded guilty, but Trump and the remaining defendants have pleaded not guilty.
..... Trump and other defendants alleged that Willis benefited from luxury vacations with Wade after she hired him to help with the case, and that the longer and more complicated the case, the more potential befits would accuse to an outside special counsel like Wade.
..... Willis and Wade traveled together four times that were documented, the appeals court noted. Along with day trips to nearby states, their total travel costs were $15,000, the appeals court wrote.
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Willis and Wade each testified at a contentious hearing that she had reimbursed him for her share of the travel, although she said she'd paid in cash and couldn't document the payments.
..... McAfee's remedy was for Wade to resign from the case, but to leave Willis in charge of it.
..... Land wrote in his dissent that"the law does not support the result reached by the majority." Land wrote that McAfee had "broad discretion to impose a remedy that fits the situation."