Fulton County District Attorney Fani Willis has been removed from Georgia’s election interference case against President-elect Donald Trump, raising questions about the future of the prosecution.
A state appeals court decided Thursday that Willis and her office must step away from the case because of her past romantic relationship with Nathan Wade, a senior prosecutor on the team. This ruling overturns an earlier decision allowing Willis to continue the case if Wade stepped down, which he did.
Legal experts say this decision could end the prosecution altogether. Anthony Michael Kreis, a law professor at Georgia State University, called the situation a “mess” but noted a slim chance the case could be revived.
Willis is now appealing to the Georgia Supreme Court, but it’s unclear if the court, dominated by Republican appointees, will even consider the case. If the ruling is upheld, the case will be handed to the Prosecuting Attorneys’ Council of Georgia (PAC), a state agency that could reassign it to another district attorney or appoint a special prosecutor.
This is an unusual situation. Chris Timmons, a trial attorney with years of experience as a state prosecutor, said it’s rare for an appellate court to remove a district attorney’s office from a case.
The ruling is a significant win for Trump and his co-defendants, who have celebrated the decision. Trump’s lead attorney, Steve Sadow, called it a “well-reasoned and just” outcome. Trump’s allies, like Jeffrey Clark and Harrison Floyd, expressed their joy, with Floyd calling the ruling a “good Christmas present.”
However, the case faces another obstacle: Trump’s expected return to the presidency. Legal experts agree that a sitting president cannot be prosecuted, meaning the case would be delayed until Trump leaves office, potentially in 2029.
Meanwhile, Willis’s appeal continues. If the Georgia Supreme Court sides with her, the case could return to her office. Otherwise, the PAC will decide the next steps.
The case’s future is uncertain, and for now, Trump and his co-defendants are enjoying what they see as a victory in their fight against the charges.