The Georgia appeals court’s decision to disqualify Fulton County District Attorney Fani Willis from prosecuting the 2020 election interference case against Trump has launched the ongoing case into chaos. State officials must now find someone to fill her role, a process that could, at best, bring things to a screeching halt—or kill the case altogether.
The court announced Thursday that it had overturned a decision by Judge Scott McAfee allowing Willis to remain on the case after she faced accusations of having an improper relationship with Nathan Wade, her special prosecutor. McAfee said Willis could remain on the case if she cut ties with Wade.
Trump and eight of his 18 co-defendants had appealed the ruling, and the Georgia appeals court decided that the “appearance of impropriety” was just too much. While the indictment would not be dismissed, Willis’s “disqualification is mandated and no other remedy will suffice to restore public confidence in the integrity of these proceedings,” according to Thursday’s court filing.
The appeals court’s decision doesn’t just knock Willis out of the driver’s seat, though—it disqualifies her entire office from trying the case.
Willis’s office filed a notice Thursday afternoon indicating that it intends to appeal the court’s decision, which, if taken up, could move the case to Georgia’s Supreme Court.
In the meantime, Pete Skandalakis, executive director of the nonpartisan Prosecuting Attorneys’ Council of Georgia, will be responsible for determining who will take up the task of prosecuting the president-elect and his co-defendants, Lawfare’s senior editor Anna Bower wrote on X. But she warned that’s easier said than done.
“Realistically, it will be quite difficult to find another prosecutor who would be willing to take on this case. *If* the appeals court decision is not overturned by the GA Supreme Court, this likely spells the end of the prosecution against Trump and others in Fulton County,” Bower wrote.
Trump is rushing to remind the media that he is the captain of the GOP, not Elon Musk.
The “President Musk” rhetoric gained steam among Democrats after the billionaire helped kill the continuing resolution to keep the government open, voicing his opposition long before the president-elect did.
But Trump wants the world to know he’s still the one calling the shots.
“As soon as President Trump released his official stance on the CR, Republicans on Capitol Hill echoed his point of view. President Trump is the leader of the Republican Party. Full stop,” said Trump spokesperson Karoline Leavitt, as reported by Business Insider’s Bryan Metzger.
The statement may be a sign of growing friction between Trump and the world’s richest man, who backed his return to the White House.
Musk has been threatening Republicans, including House Speaker Mike Johnson, about the spending bill, even as the prospect of a government shutdown looms. “Any member of the House or Senate who votes for this outrageous spending bill deserves to be voted out in 2 years!” the SpaceX CEO and Department of Government Efficiency co-lead posted on Wednesday.