Fulton County District Attorney Fani Willis is seeking to overturn her disqualification from the Georgia election interference case against President-Elect Donald Trump and others.
Willis on Thursday, Jan. 9, 2024 petitioned Georgia’s Supreme Court to review a lower appeals court’s ruling that removed her from the case.
The Georgia Court of Appeals recently ruled that District Attorney Fani Willis and her office could no longer prosecute a case due to an “appearance of impropriety” stemming from her romantic relationship with special prosecutor Nathan Wade, whom she had appointed to lead the case. On Wednesday, Willis petitioned the Georgia Supreme Court to review and overturn that decision.
Willis’ filing argues that the 2-1 decision from the Court of Appeals “exceeded its authority,” establishing a new standard for disqualifying prosecutors and ignoring decades of legal precedent.
Even if the Supreme Court ultimately rules in Willis’ favor, it appears unlikely she will prosecute former President Trump, who is set to return to the White House on January 20. However, 14 other defendants in the case still face charges.
In her petition, Willis asks the state Supreme Court to determine whether the Court of Appeals erred in disqualifying her based solely on the “appearance of impropriety,” without evidence of an actual conflict of interest or prosecutorial misconduct. She also questions whether the appellate court overstepped by overriding the trial court’s discretion in the matter.
“No Georgia court has ever disqualified a district attorney merely for the appearance of impropriety without an actual conflict of interest,” Willis states in her filing. “And no Georgia court has ever reversed a trial court’s decision to retain a prosecutor based solely on such an appearance.”
Georgia Election Interference Case: Timeline
The investigation into alleged election interference by former President Donald Trump and his associates in Georgia has progressed through several key stages:
February 10, 2021: Fulton County District Attorney Fani Willis announced the initiation of a criminal investigation into efforts by Trump and his allies to overturn Georgia’s 2020 election results.
July 19, 2022: Court documents revealed that 16 individuals identified as “fake electors” were notified of being targets in the investigation.
August 15, 2022: Rudy Giuliani, Trump’s personal attorney, was informed that he was a “target” of the probe, following his presentation of debunked election fraud claims to Georgia state lawmakers in December 2020.
November 1, 2022: The U.S. Supreme Court declined Senator Lindsey Graham’s request to block a subpoena requiring his testimony before the special grand jury, related to his post-election communications with Georgia officials.
August 14, 2023: A Fulton County grand jury indicted former President Trump and 18 others, accusing them of conspiring to overturn Georgia’s 2020 election results.
August 25, 2023: All 19 defendants surrendered at the Fulton County jail and entered not guilty pleas.
December 2024: District Attorney Fani Willis was disqualified from prosecuting the case due to an “appearance of impropriety” arising from a romantic relationship with special prosecutor Nathan Wade.
January 8, 2025: Willis petitioned the Georgia Supreme Court to review and overturn the disqualification decision, arguing that the Court of Appeals overstepped its authority and disregarded legal precedent.
As of January 9, 2025, the Georgia Supreme Court has not yet announced whether it will review the case.