Legal experts were stunned by a Georgia appeals court ruling on Thursday that disqualified Fulton County District Attorney Fani Willis from prosecuting the election subversion case against Donald Trump and his alleged co-conspirators.
The court cited a “significant appearance of impropriety,” stating that this could potentially taint the case, and recommended appointing a special prosecutor. However, the court upheld the indictments.
CNN legal analyst Elie Honig explained that Willis could have avoided the situation. “There are a lot of things Fani Willis could have done differently, I think, to avoid this ruling,” Honig said. “No. 1, she could have stepped aside way earlier, as you said. No. 2, obviously, I mean, she has acknowledged it was a mistake to have an affair with the lead prosecutor on the case, have a relationship with the lead prosecutor on this case.”
Honig also pointed out that Willis made statements outside of court that were deemed “legally improper” by the trial judge. “For example, she went in front of a church while this case was pending and she said, essentially, the reason these defendants have brought these motions, standard legal motions is because they’re playing the race card,” Honig explained.
“The defendants, Donald Trump and other defense lawyers argued that violated the responsibilities and ethics of a prosecutor, and the trial judge oddly said those statements that Fani Willis made out of court were, quote, legally improper, and then he did nothing about it.”
State Attorney for Palm Beach County, Florida, Dave Aronberg, argued that the ruling could effectively end the case against Trump. “It’s not shocking,” Aronberg said. “It was shocking when we found out there was this relationship, and you just said it was an unforced error…This court has said…the entire office is disqualified.”
Other legal experts were harshly critical of Willis, with Rutgers law professor Leonore Carpenter calling it “the very definition of an own goal.” Trump biographer Tim O’Brien stated, “Georgia’s Court of Appeals disqualified Fani Willis…a surprise move that threw the entire case into disarray.”
CNN legal analyst Norm Eisen also weighed in, calling the disqualification “totally unfounded” but adding a hopeful note. “The indictment stands. Now it should be pursued—vigorously,” he said.
Despite the court’s decision, Anna Bower of Lawfare noted that finding another prosecutor willing to take on the case could be a significant challenge. “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 said.