Allegations of Inappropriate Relationship Overshadow Fulton County District Attorney’s Prosecution of Trump and Associates
Introduction
In the wake of allegations regarding an inappropriate relationship between Fulton County District Attorney Fani Willis and a special prosecutor she retained to pursue convictions in the 2020 election interference case against Donald Trump and others, calls for Willis’s removal from the case have intensified. This comprehensive analysis explores the various avenues available for removing Willis from the case, ranging from judicial action to legislative impeachment, and evaluates the probability of each option’s fruition.
Removal by the Judge
Defense attorney Ashleigh Merchant, representing former Trump campaign staffer Michael Roman, has submitted a motion requesting Fulton County Superior Court Judge Scott McAfee to remove Willis, special prosecutor Nathan Wade, and their respective offices from further involvement in the case. Judge McAfee holds the authority to grant this request, as demonstrated by Judge Robert McBurney’s analogous action in July 2022 during the special grand jury investigation preceding the indictment in the election case.
In the case of then-Senator Burt Jones, who was a target in the election case, Judge McBurney ruled that Willis’s involvement created an untenable conflict of interest due to her fundraising activities for Jones’s Democratic opponent in the lieutenant governor’s race. Should Judge McAfee take similar action in the current case, the Prosecuting Attorneys’ Council of Georgia would be tasked with appointing a replacement prosecutor.
Voluntary Recusal by Willis
Alternatively, Willis could opt to recuse herself from the case in order to safeguard its integrity. Nonetheless, this would likely entail the entire office’s withdrawal, leaving the onus upon the Prosecuting Attorneys’ Council to appoint a new prosecutor. Former President Barack Obama’s ethics czar, Norm Eisen, has argued that Wade should voluntarily step down to eliminate distractions from the substantial evidence supporting the prosecution of Trump and his associates.
Oversight Commission’s Role
Georgia’s recently established Prosecuting Attorneys Qualification Commission, designed to discipline and remove prosecutors, could potentially investigate Willis. Yet, the commission’s operations were impeded by the state Supreme Court’s refusal to approve its rules. Lawmakers are currently attempting to remove this requirement, enabling the commission to commence operations. The commission could remove Willis from office or impose discipline for conflict of interest, conduct prejudicial to justice, or willful misconduct. However, removing Willis solely from the Trump case would likely require a negotiated settlement.
Impeachment by State Lawmakers
Some lawmakers have proposed impeaching and removing Willis, an idea endorsed by Trump. However, Georgia’s General Assembly has not impeached anyone in over 50 years, and a two-thirds majority of the state Senate is required for conviction. With Republicans controlling less than two-thirds of the Senate and facing reelection this year, the probability of a successful impeachment proceeding is low.
State Bar Intervention
The State Bar of Georgia has adopted rules governing prosecutorial misconduct, but these primarily address a prosecutor’s duty to disclose evidence potentially proving someone’s innocence. Willis could potentially face disciplinary action under general rules for all lawyers, but it remains unclear how these rules apply to this specific case.
Additional Consequences
Fulton County Commissioner Bob Ellis has demanded information from Willis regarding county funds spent and potential personal gain from payments to Wade. While commissioners could reduce Willis’s budget in the future, Democrats hold a majority on the commission. The county’s code of ethics does not appear to prohibit consensual relationships, but the Board of Ethics could impose fines or reprimands without the authority to remove Willis.
Special Senate Committee Investigation
Republican state Senator Greg Dolezal has proposed a special Senate committee to investigate Willis, aiming to ensure transparency, accountability, and the integrity of the justice system. This investigation could result in legal or budget changes based on its findings.
Conclusion
The allegations against Willis have sparked a debate about the appropriate course of action to address the potential conflict of interest. While various options for removing Willis exist, each presents its own challenges and limitations. The ultimate outcome will hinge upon the decisions of key stakeholders, including judges, lawmakers, and oversight bodies, as well as the public’s perception of the situation.