Fulton County District Attorney Fani Willis is facing opposition from former President Donald Trump and his co-defendants in their attempt to disqualify her office from prosecuting the election subversion case in Georgia. Willis asked the Georgia Court of Appeals to uphold a ruling that allowed her to remain on the case if her top prosecutor resigned, which he did. The appeals court is considering a request to review and overturn this decision, but Willis argued that there was no error and the request should be denied, as it was based on dissatisfaction with the application of established law.
Willis’ office reiterated that there was no conflict of interest and that her comments about race did not constitute misconduct requiring disqualification. They argued that there was no evidence of pre-trial bias or misconduct on her part, and that the trial court’s ruling was correct. Despite efforts to refocus attention on the criminal case rather than ethics allegations, Trump and his co-defendants continued to push for disqualification based on the romantic relationship between Willis and her former top prosecutor. Trump’s attorney argued for disqualification, but the Georgia Court of Appeals will ultimately decide whether to review the decision.
The Georgia Court of Appeals is also being asked to review a decision by a judge refusing to toss the indictment on the grounds of First Amendment protection for Trump’s efforts to overturn the 2020 election. Trump’s co-defendants joined in seeking permission to appeal this decision, citing historical precedent and almost absolute First Amendment protections for political speech. It will be up to the court to decide whether to take up the matter, with approval required from the judge. Prosecutors have maintained that the free speech question should be decided by a jury at trial.
Despite the legal challenges, Willis is continuing with her goal of putting Trump and his co-defendants on trial before the November presidential election. The trial date for the racketeering case has not been scheduled yet, but Willis is determined to move forward. The appeals do not impact the ongoing prosecution, which is proceeding towards trial. The Georgia Court of Appeals will ultimately decide whether to review the decision not to disqualify Willis and her office, while Trump and his co-defendants continue to argue for disqualification based on alleged conflicts of interest. Willis remains focused on the criminal case and is intent on moving towards trial.
