Georgia Supreme Court denies Fani Willis appeal to review Trump election case disqualification

Georgia’s highest court has denied Fulton County District Attorney Fani Willis’ request for it to review her ability to prosecute President Trump and others on charges of illegally undermining the results of the 2020 election. Here’s what you need to know about the Georgia Supreme Court’s decision:

The Supreme Court decision

Majority of justices refuse to review Willis disqualification:

• In decision on Tuesday, majority of justices on Supreme Court of Georgia refused to take up Willis’ request that it review her disqualification from prosecuting Trump and other co-defendants
• Election conspiracy case centered on Trump’s denial of 2020 results
• Appeals court booted Willis from case after it was discovered she had hired her boyfriend, Nathan Wade, as special prosecutor to handle case
• Willis was paying Wade well above typical fee, and two had taken lavish trips together

The conflict of interest findings

Lower court determined Willis had impropriety in bringing case:

• Alleged that Willis used county funds intended to help process COVID-19 backlog cases to pay Wade
• Lower court held that Willis had conflict of interest and appearance of impropriety in bringing case
• Wade also was removed from handling dispute
• Georgia Supreme Court refused to review lower court’s action

The judicial reasoning

Justice explains court’s rationale for denial:

• “One might argue that such a decision rests on necessary premise that conduct creating an appearance of impropriety is sufficient ground for disqualification,” wrote Justice Andrew A. Pinson
• Decision appears to have five justices in majority, with three in dissent
• Two others did not participate in case
• In January, Willis appealed to Georgia’s high court

The prosecution’s future

Legal experts say another district attorney could take over case:

• With Willis remaining off case, nonprofit Prosecuting Attorneys’ Council of Georgia could oversee investigation
• If district attorney does not want to take over Willis’ case, charges could be dropped
• In August 2023, Fulton County indicted Trump and 18 others on charges of participating in conspiracy to overturn Georgia’s 2020 election results
• State alleged defendants violated Georgia’s Racketeer Influenced and Corrupt Organizations Act in trying to overturn Democrat Joseph R. Biden’s narrow official victory

The Republican celebration

Lieutenant governor hails decision as end to “political circus”:

• Georgia Lt. Gov. Burt Jones, Republican, celebrated ruling and noted Willis had been booted from prosecuting him as part of case too
• Willis had attended fundraiser for Jones’ Democratic opponent in another conflict of interest
• “The Supreme Court just shut Fani Willis down. Her political circus is OVER. She came after myself, President Trump and all of our conservative values, and has now lost — twice,” the lieutenant governor said
• “Georgia deserves better than DA who weaponizes justice system for her own political gain”

The conservative legal response

Advocacy group calls for Willis to face punishment:

• Mike Davis, president of conservative legal advocacy group Article III Project, called for Willis to face punishment for using tax dollars for political litigation
• “Fani Willis hired her dumb, unqualified boyfriend to go after Trump and 18 others. Big Fani paid Nathan Wade $700,000 in taxpayer funds”
• “She took illegal kickbacks. She lied about them under oath. She got disqualified. The Georgia Supreme Court declined to hear her appeal. Big Fani must go to prison,” Davis said
• Conservative groups frame decision as vindication of concerns about prosecutorial misconduct

Read more:

• Georgia’s highest court rejects Fani Willis’ appeal for removal from Trump case