On Monday, Donald Trump, the ex-president, submitted a request to disqualify Fani Willis, the Fulton County prosecutor, from the Georgia election interference case.
“President Trump and seven defendants have jointly filed a motion requesting the court to grant a certificate of immediate review of its order denying dismissal of the case and disqualification of Fulton County DA Willis,” Trump’s top attorney Steve Sadow said.
“The motion notes that the court found that Willis’ actions created an appearance of impropriety and an ‘odor of mendacity’ that lingers in this case, but it nonetheless refused to dismiss the case or disqualify her,” Sadow continued.
“The motion further notes that the court found Georgia case law lacks controlling precedent for the standard for disqualification of a prosecuting attorney for forensic misconduct. For these reasons among others, the court’s order is ripe for pretrial appellate review.”
Judge Scott McAfee of Fulton County ruled on Friday that Willis can continue working on the Trump case as long as Nathan Wade, her fellow prosecutor and former lover, is either removed by Willis or resigns voluntarily. Wade chose to resign a few hours later.
In his ruling, McAfee criticized Willis for making “racial aspersions” against codefendant Mike Roman during a speech at Big Bethel AME Church in January. Willis had mentioned that she hired three prosecutors, one of whom is black, referring to Wade. She also claimed that the accusations against her and Wade were made because their political opponents were playing the “race card.”
Trump’s motion argued:
“Defendants believe that the relevant case law requires dismissal of the case, or at the very least, the disqualification of the District Attorney and her entire office under the facts that exist here, and the resignation of Mr. Wade is insufficient to cure the appearance of impropriety the Court has determined exists. Given these facts and the current state of the case law, the Court of Appeals should speak definitively to this outcome-determinative issue now. The Court also found that District Attorney Willis’ nationally televised speech at Big Bethel AME Church on January 14, 2024 was “legally improper,” id. at 20, but declined to disqualify her on the basis of this forensic misconduct (and the other forensic misconduct proven by Defendants), noting in particular a lack of guidance in Georgia caselaw for the standard for disqualification of a prosecuting attorney for forensic misconduct.”