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Georgia Supreme Court Leaves Fani Willis Disqualified From Trump RICO Case

A nonpartisan state council must now appoint a replacement who will decide whether the sprawling RICO case moves forward.

Overview

  • The justices voted 4-3 to deny review, leaving the Court of Appeals’ December ruling in place, with one justice disqualified and another not participating.
  • The appeals court concluded Willis’ romantic relationship with special prosecutor Nathan Wade created a disqualifying appearance of impropriety that was not cured by his resignation.
  • The Prosecuting Attorneys’ Council of Georgia will name a new prosecutor who may continue the case, narrow the charges, or dismiss it, and no timeline for an appointment was given.
  • Willis said she disagreed with the decision and will transfer the case file to the council, while Trump’s lead Georgia attorney praised the disqualification.
  • Observers note it is unlikely the sitting president can be prosecuted now, though 14 co-defendants still face charges from the 2023 indictment and four have pleaded guilty.