Former President Donald Trump filed a motion on Monday to disqualify Fulton County prosecutor Fani Willis 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,” Steve Sadow, Trump’s lead Georgia attorney, said in a statement.
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“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.”
Fulton County Judge Scott McAfee ruled Friday that Willis can remain on the Trump case if Nathan Wade, fellow prosecutor and ex-lover, is removed by Willis or voluntarily resigns. Wade resigned hours later.
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C-SPANIn McAfee’s ruling, he admonished Willis for casting “racial aspersions” toward codefendant Mike Roman during a January speech at Big Bethel AME Church. Willis said she hired three prosecutors, one of whom is black, referencing Wade. She further stated that the accusations against her and Wade were leveled because political opponents were using the “race card.”
In turn, Trump’s motion on Monday 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.
A source close to the Trump case told Breitbart News the ruling provided some positives. “While Judge McAfee’s ruling is light on principles and very likely to result in interlocutory appeal and even motions to transfer the case to a jurisdiction that hasn’t been tainted by Fani racist statements,” the source said.
“Proceeding in the case is very likely to allow a much more stunning victory against the regime when the election fraud evidence is presented,” the source added.
The case is Georgia v. Trump, No. 23SC188947 in Superior Court in Fulton County, Georgia.
Wendell Husebo is a political reporter with Breitbart News and a former GOP War Room Analyst. He is the author of Politics of Slave Morality. Follow Wendell on “X” @WendellHusebø or on Truth Social @WendellHusebo.
