The court in Georgia ruled that the district’s case can’t go on

An appellate court ruling against DA Willis in the sweeping racketeering case against President-elect Donald Trump in Georgia

The year was tumultuous for the man. At the onset of 2024, Willis was seen as a rising star on the national stage, as she spearheaded not only the indictment of a former president, but also pushed ahead on other high-profile cases, like a racketeering case involving rapper Young Thug. She won the Democratic primary in May.

“For at least the last 43 years, our appellate courts have held that an appearance of impropriety, without an actual conflict of interest or actual impropriety, provides no basis for the reversal of a trial court’s denial of a motion to disqualify,” Land wrote.

The case involving President-elect Donald Trump can’t be continued by the Fulton County District Attorney’s office, according to the Georgia Court of Appeals.

The trial court did not disqualify the district attorney because they found that she did not meet the standards for being disqualified. “After considering the trial court’s findings in the order, we conclude that it was wrong to not disqualify the district attorney”, said Judge Brown. “The remedy crafted by the trial court to prevent an ongoing appearance of impropriety did nothing to address the appearance of impropriety that existed at times when DA Willis was exercising her broad pretrial discretion about who to prosecute and what charges to bring.”

The case has been thrown into disarray since Willis admitted to a personal relationship with special prosecutor Nathan Wade, whom she hired for the case.

A trial court ruled that the case could go on if Wade resigned his appointment. The case has mostly been halted since this summer after several defendants appealed the ruling.

Whatever happens to Trump’s Georgia charges, the 14 other remaining co-defendants could face trial in the sweeping racketeering case as soon as late next year.

The director of the Prosecuting Attorneys’ Council of Georgia will make the appointment of a new prosecutor if the Georgia Supreme Court upholds the decision.

The case focuses on efforts by Trump and his allies to overturn Georgia’s 2020 election result by pressuring state officials and election workers, submitting a slate of false electors and attempting to tamper with sensitive voting equipment. Four people have pleaded guilty.

Michael Roman, who was a Trump campaign official at the time, accused his co-conspirator of malpractice in January of 2024. Roman claimed that she was enriched by taking fancy vacations with Wade because of his compensation for the prosecution. Willis and Wade testified in front of the judge, saying she paid her own way on the trips or reimbursed him in cash for her share of the expenses.

An outsider could guess that the District Attorney was not exercising her independent professional judgement completely free of any compromising influences. This unnecessary perception will continue as long as Wade is on the case.

The Case for a Local Disqualification of a District Attorney in the Georgia Supreme Court: A Commentary on Trump’s Amendment

The Court of Appeals was initially scheduled to consider the appeal in December, before abruptly cancelling oral arguments not long after Trump won a second term.

In the Georgia case, a key legal question in the proceedings has been whether state law requires the disqualification of a district attorney only for an actual conflict of interest or merely just the appearance of impropriety.

“While we recognize that an appearance of impropriety generally is not enough to support disqualification, this is the rare case in which disqualification is mandated and no other remedy will suffice to restore public confidence in the integrity of these proceedings,” Brown continued.

Judge Todd is in agreement with them. Brown and Markle were both appointees of former Republican Gov. Nathan Deal. Judge Benjamin Land, appointed by Republican Gov. Brian Kemp, dissented.

The case was not dismissed by the court. The prosecutors of Fulton County quickly notified the court that they would appeal to the Georgia Supreme Court.

Trump’s Georgia attorney Steve Sadow wrote in a statement that the appeals court ruling was “well-reasoned.” He wrote: “As the Court rightfully noted, only the remedy of disqualification will suffice to restore public confidence.”