The Georgia Court of Appeals, in a 2-1 decision Thursday, ruled that Fulton County District Attorney Fani Willis and her office must be disqualified from prosecuting President-elect Donald Trump and his 14 remaining co-defendants in the election interference case.
This raises a number of questions:
1. Is the election interference case against President-elect Donald Trump dead?
No. The Fulton DA’s office has said it will appeal the Court of Appeals decision to the Georgia Supreme Court.
If the appeals court ruling is allowed to stand — either because the Supreme Court declines to hear the case or it affirms the lower court decision — another Georgia prosecutor could be assigned to take the case by the Prosecuting Attorneys Council of Georgia, a state agency which assists DAs throughout the state.
If Willis is ultimately allowed to keep the case or if another prosecutor is brought in, legal experts predict Trump will not have to stand trial until after his presidential term ends in 2029, though his co-defendants could be tried beforehand.
It’s worth noting that the Georgia Court of Appeals on Thursday declined to dismiss the racketeering indictment against Trump and his allies.
2. If another prosecutor is needed to take Willis’ place who would that be?
Given the outsize media attention and resources needed to handle a case of this magnitude, it may prove difficult finding any volunteers, particularly DAs in smaller or rural judicial circuits.
It is also possible for the council to appoint a private attorney to take the case, but state law allows for a relatively paltry salary for such work.
One district attorney who has been mentioned as a possible replacement for Willis is DeKalb County’s Sherry Boston. She leads the large DA’s office in neighboring DeKalb County.
Also in the mix could be Danny Porter, who stepped down as Gwinnett County DA in 2020. After his retirement, Porter was tapped to help lead the investigation into the 2020 death of Rayshard Brooks. Porter announced in 2022 that the two Atlanta Police officers who shot and killed Brooks in a Wendy’s parking lot used reasonable force and should not be charged.
Or Pete Skandalakis, who heads to Prosecuting Attorneys Council, could take over the case, as he did when Willis was removed from the investigation against Lt. Gov. Burt Jones, who served as a GOP elector in 2020. Skandalakis declined to bring charges against Jones.
3. When will the Georgia Supreme Court hear the DA’s appeal?
First of all, the court does not have to hear it because it’s a discretionary appeal, meaning it’s up to the court’s justices to decide whether they want to decide the issue or not. A majority vote of the justices is needed, so five votes are required if all of the court’s nine justices are participating. If there is no majority vote, the Court of Appeals’ decision stands.
The DA’s office has said it will be asking the high court to grant its application to pursue its appeal. So it’s an open question how will the justices will respond to the appeals court ruling,
If the Supreme Court does grant it, the case will be docketed and must be decided within two terms of court — or within about six months.
4. Who sits on the state Supreme Court and will they be friendlier to Willis than the Court of Appeals?
Of the nine justices on the high court, eight were appointed to the bench by Republican governors.
Four (Chief Justice Michael Boggs and Justices Nels Peterson, Sarah Warren and Charles Bethel) were appointed by former Gov. Nathan Deal, and four (Justices Carla Wong McMillian, Shawn LaGrua, Verda Colvin and Andrew Pinson) were appointed by Gov. Brian Kemp. Only one justice, John Ellington, was elected to fill an open vacancy in 2018.
Seven of the justices previously served on the Court of Appeals before being elevated to the state high court and five of the justices once presided as trial judges at county courthouses.
As to whether these justices would be more sympathetic to Willis in the disqualification dispute, that remains to be seen.
5. The appeals court decision is a huge loss for Willis. Will she face consequences?
Willis cruised to reelection this year even as the disqualification saga played out. She easily defeated Democratic primary challenger Christian Wise Smith and her general election challenger, Republican Courtney Kramer. That’s in part because Fulton County is a Democratic stronghold.
Willis will be up for re-election in 2028 when it’s expected Trump will also be wrapping up his time in office. Incumbents typically hold a strong electoral advantage but Willis ousted her own former boss, Paul Howard, to become DA in 2020. It’s possible she could draw a strong opponent next time if she is seen as vulnerable. But a lot can happen in four years.
She is also being scrutinized by the U.S. House Judiciary Committee and the state Senate Special Committee on Investigations. Both panels are led by Republicans.
