Georgia appeals court disqualifies Fani Willis from prosecuting Trump over romantic relationship

The 🍑Georgia Court of Appeals ruled 2-1 on Dec. 19, 2024, that Fulton County District Attorney Fani Willis must be disqualified from prosecuting Donald Trump and co-defendants in the election interference RICO case. Judges TBTrenton Brown III and Todd Markle formed the majority, finding Willis's romantic relationship with special prosecutor Nathan Wade created an 'appearance of impropriety' that undermined public confidence in the prosecution. The ruling overturned Fulton County Judge SMScott McAfee's Mar. 2024 decision allowing Willis to remain on the case if Wade resigned, which he did.

The majority opinion stated, 'While we recognize that an appearance of impropriety generally is not enough to support disqualification, this is the rare case in which disqualification is mandated and no other remedy will suffice to restore public confidence in the integrity of these proceedings.' The court didn't find actual financial conflict but ruled the appearance was sufficient. Judge BLBenjamin Land dissented, arguing defendants hadn't proven Willis received financial benefit from Wade's prosecutorial salary, which is the legal standard for conflict of interest.

Willis began a romantic relationship with Nathan Wade in 2019, before she was elected DA. She hired Wade as special prosecutor in Nov. 2021 to lead the Trump investigation, paying him over $700,000 for his work through 2023. Wade, who was going through a divorce, used some of that income to pay for trips he took with Willis, including vacations to Napa Valley, the Caribbean, and 🌴Florida. Defense attorneys discovered the relationship through Wade's divorce proceedings and argued it created financial incentive for Willis to prolong the case, generating more fees for Wade and personal benefits for herself.

Judge SMScott McAfee held evidentiary hearings in Mar. 2024 where Willis and Wade testified about their relationship timeline and finances. Willis testified the relationship began in 2022, after she hired Wade, and that she had reimbursed Wade in cash for her share of trip expenses. McAfee ruled the relationship created an 'appearance of impropriety' but found no actual conflict of interest proven. He gave Willis a choice: either she could stay on the case if Wade resigned, or both would be disqualified. Wade resigned immediately, allowing Willis to continue.

Trump and other defendants appealed McAfee's decision to the 🍑Georgia Court of Appeals, which accepted the case and stayed proceedings while considering the appeal. This froze the prosecution for nine months. Oral arguments were held in Dec. 2024. The appeals court's decision to disqualify Willis came just weeks before Trump's Jan. 2025 inauguration as president, creating additional complexity about prosecuting a sitting president.

The case now goes to 🍑Georgia's Prosecuting Attorneys' Council, which maintains a roster of district attorneys statewide who could take over the prosecution. Any DA who accepts would inherit a massive, politically explosive case with 14 remaining defendants (four co-defendants had already pleaded guilty). Legal experts noted few DAs have resources to handle a RICO case of this scale, and many might decline due to political risk. The Prosecuting Attorneys' Council could also decline to assign a prosecutor, effectively ending the case.

Trump's election victory in Nov. 2024 complicated the case's future. As president, Trump could face constitutional questions about whether a state can prosecute a sitting president. His legal team argued the prosecution should be dismissed entirely given his presidential immunity claims. Even if a new prosecutor is found, they would need to familiarize themselves with thousands of documents and evidence, likely delaying any trial until after Trump's term ends in 2029. At that point, the alleged crimes would be nearly nine years old.

Four co-defendants — Sidney Powell, Kenneth Chesebro, Jenna Ellis, and Scott Hall — had pleaded guilty in 2023 and agreed to testify against remaining defendants including Trump. Their cooperation agreements were with Willis's office. A new prosecutor would need to determine whether to honor those agreements or renegotiate. Any changes could affect whether the cooperating defendants would still testify. The disqualification ruling didn't address what happens to the guilty pleas or cooperation agreements.