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    Fani Willis to Appeal Judge’s Decision to Quash Charges in Trump Georgia Case

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    Thursday’s legal filing by Fani Willis creates a second substantive set of issues that must now be considered by the Georgia Court of Appeals before the election case can go to trial.Fani T. Willis, the lead prosecutor in the Georgia election interference case against former President Donald J. Trump and 14 of his allies, said on Thursday that her office would appeal a judge’s decision earlier this year to throw out six of the dozens of counts in the sprawling indictment.Thursday’s legal filing by Ms. Willis, the Fulton County district attorney, creates a second substantive set of issues that must now be considered by the Georgia Court of Appeals before the election case can go to trial. This month, the court agreed to hear the appeal of another ruling by the judge, Scott McAfee, that allowed Ms. Willis to remain on the case despite defense lawyers arguing that she should be disqualified.Ms. Willis’s decision to file the appeal was yet another indication that the closely watched election interference case was unlikely to go to trial before the upcoming presidential election. “In some ways it’s an implicit concession that it’s not going to happen before November,” said Anthony Michael Kreis, a law professor at Georgia State University who has been following the case closely.A spokesman for the district attorney’s office declined to comment on the filing on Thursday.The original indictment, which was handed up by a grand jury in August, included 41 counts against Mr. Trump and 18 co-defendants. Four of those co-defendants have since pleaded guilty.In March, Judge McAfee, of Fulton County Superior Court, quashed six of the charges for lacking sufficient detail. Those charges asserted that Mr. Trump and other defendants had solicited public officials to break the law by violating their oaths of office.For example, one count against Mr. Trump said that he “unlawfully solicited, requested and importuned” the Georgia secretary of state, Brad Raffensperger, to violate his oath of office by decertifying the election. Judge McAfee ruled at the time that the six charges “do not give the defendants enough information to prepare their defenses intelligently.”Though the quashing of the six charges was a setback for prosecutors, it left intact the most important element of the indictment: the state racketeering charge that was brought against all of the defendants.It is unclear how much more time it will take for the appellate court to handle Ms. Willis’s appeal, but legal experts have said that the appeal of the disqualification matter alone could take months.Defense lawyers in the case had argued that Ms. Willis should be disqualified from prosecuting it on the grounds that she had created an untenable conflict of interest when she engaged in a romantic relationship with Nathan J. Wade, a lawyer she had hired to manage the prosecution team.Judge McAfee ruled in March that Ms. Willis could keep the case if Mr. Wade stepped away from it. Mr. Wade resigned hours after the judge issued his ruling. More

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      Georgia Appeals Court to Weigh Whether Trump Prosecutor Should Be Disqualified

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      The decision to hear the appeal reopens the possibility that Fani T. Willis, the Fulton County district attorney, could be disqualified from prosecuting Donald Trump and 14 allies over efforts to overturn the 2020 election.The Georgia Court of Appeals will hear an appeal of a ruling that allowed Fani T. Willis, the district attorney in Fulton County, to continue leading the prosecution of former President Donald J. Trump on charges related to election interference, the court announced on Wednesday.The decision to hear the appeal, handed down by a three-judge panel, is likely to further delay the Georgia criminal case against Mr. Trump and 14 of his allies, making it less likely that the case will go to trial before the November election.The terse three-sentence announcement reopens the possibility that Ms. Willis could be disqualified from the biggest case of her career, and one of the most significant state criminal cases in the nation’s history.At issue is a romantic relationship she had with Nathan Wade, a lawyer she hired to handle the prosecution of Mr. Trump. Defense lawyers argued that the relationship amounted to an untenable conflict of interest, and that Ms. Willis and her entire office should be removed from the case.But on March 15, Judge Scott McAfee of Fulton County Superior Court ruled that Ms. Willis could keep the case if Mr. Wade stepped away from it. Mr. Wade resigned a few hours after judge issued his ruling.Steven H. Sadow, the lead counsel for Mr. Trump in Georgia, said in a statement Wednesday that his client “looks forward to presenting interlocutory arguments to the Georgia Court of Appeals as to why the case should be dismissed and Fulton County D.A. Willis should be disqualified for her misconduct in this unjustified, unwarranted political persecution.”A spokesman for Ms. Willis’s office declined to comment on the appeals court’s action. More

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      Fani Willis Hangs Onto Trump Case, but More Turbulence Lies Ahead

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      A fresh array of problems are in store for Ms. Willis and her prosecution of Donald Trump, one of the most significant state criminal cases in American history.After revelations of Fani T. Willis’s romance with a subordinate sent the Georgia criminal case against Donald J. Trump down a two-month detour worthy of a soap opera, a judge’s ruling on Friday resolved a major cliffhanger. Ms. Willis could continue prosecuting the case, so long as her ex-boyfriend withdrew from it.But the resignation hours later of the former boyfriend, Nathan J. Wade, whom Ms. Willis hired as a special prosector, only settled so much. A fresh and complicated array of problems lies ahead for Ms. Willis, and for one of the most significant state criminal cases in American history.“Her troubles are far from over,” Clark D. Cunningham, a law professor and ethics specialist at Georgia State University, said in an email on Friday.The defense effort to disqualify Ms. Willis began in early January, upending the case and making it unlikely to reach trial before the November rematch between Mr. Trump and President Biden. Any attempts to appeal Friday’s ruling by Judge Scott McAfee of Fulton County Superior Court could delay matters even further.Republicans have smelled blood. The G.O.P. lawmakers who dominate Georgia politics have created new ways to investigate Ms. Willis, which could potentially lead to her removal from office. And last week, a young lawyer named Courtney Kramer, a former intern in the Trump White House, announced that she would run against Ms. Willis in this year’s race for district attorney.Ms. Kramer’s campaign, while unlikely to succeed in heavily Democratic Fulton County, could amplify criticism of Ms. Willis and the case, which charges Mr. Trump and some of his allies with conspiring to overturn his 2020 election loss in Georgia.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Judge Quashes Six Charges in Georgia Election Case Against Trump

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      The ruling said charges that Donald Trump and allies solicited public officials to break the law were not specific enough; it left the rest of the case intact.In a surprise move on Wednesday, a judge in Atlanta quashed six of the charges against former President Donald J. Trump and his allies in the sprawling Georgia election interference case, including one related to a call that Mr. Trump made to pressure Georgia’s secretary of state in early January 2021.The judge, Scott McAfee of Fulton Superior Court, left intact the rest of the racketeering indictment, which initially included 41 counts.The ruling was not related to a defense effort to disqualify Fani T. Willis, the district attorney of Fulton County, Ga., who is leading the case. A ruling on that matter, which has made headlines for weeks after it was revealed that Ms. Willis had engaged in a romantic relationship with another prosecutor, is expected by the end of the week.The nine-page ruling on Wednesday took aim at charges asserting that Mr. Trump and other defendants had solicited public officials to break the law. For example, one count against Mr. Trump said that he “unlawfully solicited, requested and importuned” the Georgia secretary of state, Brad Raffensperger, to violate his oath of office by decertifying the election.“These six counts contain all the essential elements of the crimes but fail to allege sufficient detail regarding the nature of their commission,” Judge McAfee wrote in his ruling. “They do not give the Defendants enough information to prepare their defenses intelligently, as the Defendants could have violated the Constitution and thus the statute in dozens, if not hundreds, of distinct ways.”A spokesman for the district attorney’s office declined to comment on the ruling.Mr. Trump and his former personal lawyer, Rudolph W. Giuliani, had faced the most charges, at 13 apiece. They now each face 10 charges in the Georgia case.Anthony Michael Kreis, a law professor at Georgia State University, said that the ruling does not weaken the state racketeering charge that remains, and that is central to the case. That charge is based on “overt acts” that are detailed in the indictment, and the judge was explicit in stating that Wednesday’s order does not affect these acts.He said that the prosecution could choose to take the loss on these lesser counts, or appeal the judge’s order, or reintroduce versions of the challenged charges to a grand jury with more specifics.The judge’s order reduced the number of charges against Mr. Trump, as well as co-defendants Rudy Giuliani, John Eastman, Mark Meadows, Ray Smith III, and Robert Cheeley. More

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      After Hearing in Atlanta, Fani Willis Receives Both Praise and Condemnation

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      After a tumultuous hearing, the Fulton County district attorney earned plaudits for the way she stood firm under pressure but drew doubts about her judgment under the glare of the national spotlight.It has been a rare point of consensus about the case brought by Georgia prosecutors against former President Donald J. Trump: the Fulton County district attorney, Fani T. Willis, probably made a mistake by having a romantic relationship with a co-worker.But the agreement ends there.As people in Atlanta and its suburbs digested gripping and emotional testimony, what they saw wasn’t just the behavior of Ms. Willis, but a test for their views on race, gender, justice and the city they call home.Ms. Willis’s sharpest critics, backers of the former president, relished what they saw as the error that could pull her off the case — endangering, if not entirely torpedoing, a prosecution that some legal experts regard as one of the strongest ones against Mr. Trump.The biggest fear of some of her supporters is that those critics are correct.“I just wish she would’ve made better decisions,” said Andrea Maia, a recent college graduate living in Atlanta, who is otherwise sympathetic to and supportive of Ms. Willis. “I wouldn’t have done it.”The testimony came as part of a hearing this week to decide whether Ms. Willis’s romantic and financial relationship with Nathan Wade, an outside lawyer she hired to help lead the prosecution, amounted to a conflict of interest and whether she should be removed from the case.Nathan Wade, the special prosecutor hired by Ms. Willis, testified at this week’s hearing. Pool photo by Alyssa PointerWe are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      With Everything on the Line, Fani Willis Delivered Raw Testimony

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      Ms. Willis, the district attorney overseeing the Georgia prosecution of Donald J. Trump, searingly refuted allegations that she had a disqualifying conflict of interest.Fani T. Willis walked unaccompanied through the front door of a Fulton County courtroom on Thursday afternoon in a bright magenta dress and announced she was ready to testify. She was interrupting her lawyer, who at that very moment was trying to convince a judge that she should not have to testify at all.“I’m going to go,” Ms. Willis said.And so she did.For roughly three hours on Thursday, Ms. Willis, the district attorney in Fulton County, Ga., engaged in the fight of her life from the witness stand to try to salvage the case of her life, the prosecution of former President Donald J. Trump. In a raw performance, Ms. Willis, 52, presented herself as a woman in full — by turns combative and serene, focused and discursive (at one point she declared her preference for Grey Goose vodka over wine). Her language toggled between casual (a thousand dollars was “a G”) and precise: On numerous occasions, she prefaced her statements with variations on the phrase, “I want to be very clear.”She upbraided Ashleigh Merchant, one of the defense lawyers questioning her, alleging that Ms. Merchant’s court filings — which accused Ms. Willis of having a disqualifying conflict of interest stemming from a romantic relationship with Nathan J. Wade, the special prosecutor on the case — were full of lies. At one point her voice approached a yell, prompting Scott McAfee, the mild-mannered judge, to call a five-minute recess in an apparent effort to cool things down.Elsewhere, Ms. Willis chided Mr. Trump’s lawyer, Steven Sadow, when he asked if she had been in contact with Mr. Wade in 2020. Noting that Mr. Wade had cancer at the time, she said, “I am not going to emasculate a Black man.” She spoke of giving Mr. Wade a trip to Belize for his 50th birthday — earlier in the day, Ms. Merchant had asked Mr. Wade about the couple visiting a tattoo parlor there. She also admitted, in a digression that the lawyers’ questions did not seem to prompt, that she thought Mr. Wade had a sexist view of the world, and said it was the reason they broke up last summer.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      What Happens if Fani Willis Is Disqualified From the Trump Case?

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      The stakes will be high on Thursday when a judge in Atlanta seeks to determine whether the Fulton County district attorney, Fani T. Willis, should be disqualified from leading the prosecution of former President Donald J. Trump on election interference charges.If Judge Scott McAfee determines that Ms. Willis has a conflict of interest because of her romantic relationship with the prosecutor she hired to manage the case, and that it merits disqualification, his decision would, by extension, disqualify her entire office.The case would then be reassigned to another Georgia prosecutor, who would have the ability to continue with the case exactly as it is, make major changes — such as adding or dropping charges or defendants — or to even drop the case altogether. The latter decision would end the prosecution of Mr. Trump and his allies for their actions in Georgia after the 2020 election, when the former president sought to overturn his loss in the state.It would be up to a state entity called the Prosecuting Attorneys’ Council of Georgia to find someone else to take up the case. More specifically, the decision would fall to the council’s executive director, Pete Skandalakis, an experienced former prosecutor.In an interview on Wednesday, Mr. Skandalakis said that he could ask a prosecutor to take on the Trump case voluntarily. But he could also appoint a prosecutor to do the job — whether they wanted to or not.Mr. Skandalakis said he could also try to find a lawyer in private practice to replace Ms. Willis. But that is an unlikely scenario, he said, because he could only pay such a lawyer roughly $70 per hour.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      In Trump Case, Thorny Conflict of Interest Question Looms

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      At the heart of the effort to disqualify the prosecutors in Donald J. Trump’s election interference case is the argument that the romantic relationship between Fani T. Willis, the Fulton County district attorney, and Nathan J. Wade, the special prosecutor she hired, created a conflict of interest.That argument has been put forth primarily by Ashleigh Merchant, the lawyer for Michael Roman, a former Trump campaign official and a co-defendant in the case. Ms. Merchant accuses the district attorney of hiring Mr. Wade after they became romantically involved, and notes that the pair took several vacations together that were paid for by Mr. Wade.But Mr. Wade says the romantic relationship began after he was hired. And according to Ms. Willis, they “roughly divided” the costs of the trips.Ms. Merchant said in a recent court filing that the pair had “personally enriched themselves off the case.” That enrichment, she wrote, “is a form of self-dealing, which creates a personal interest in the case. In other words, the more work that is done on the case (regardless of what justice calls for) the more they get paid.”That personal interest, she added, is “at odds with the district attorney’s obligation to seek justice.” Ms. Merchant and other defense lawyers have also argued that the situation violates various laws and the State Bar of Georgia’s rules of professional conduct.Some legal observers have rejected out of hand the idea that the relationship and Mr. Wade’s financing of the couple’s vacations amount to a conflict of interest under Georgia law. But the presiding judge in the matter, Scott McAfee of Fulton County Superior Court, has indicated that he thinks that it is at least possible that such a conflict exists, depending on what additional details emerge in Thursday’s hearing.“The state has admitted that a relationship existed,” Judge McAfee said earlier this week. “And so what remains to be proven is the existence and extent of any financial benefit — again, if there even was one.”He said that even “the appearance of” a conflict could lead to disqualification. More

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      Trump Co-Defendant Suggests Georgia Prosecutors Lied About Relationship Timing

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      A lawyer for the co-defendant said she had a witness who could testify that the relationship began before Fani Willis, the Fulton County district attorney, hired Nathan Wade.A lawyer for one of former President Donald J. Trump’s co-defendants in the Georgia election case suggested on Friday that the two prosecutors leading the case had lied about when their romantic relationship started.The defense lawyer, Ashleigh Merchant, said that a witness she hoped to put on the stand could testify that the romantic relationship between Fani T. Willis, the Fulton County district attorney, and the special prosecutor managing the Trump case, Nathan J. Wade, had begun before Ms. Willis hired Mr. Wade.That would contradict Mr. Wade, who said in a recent affidavit that his relationship with Ms. Willis had not begun until 2022, after his hiring. The affidavit was attached to a court filing made by Ms. Willis.Ms. Merchant identified the witness as Terrence Bradley, a lawyer who once worked in Mr. Wade’s law firm and for a time served as Mr. Wade’s divorce lawyer. “Bradley has non-privileged, personal knowledge that the romantic relationship between Wade and Willis began prior to Willis being sworn as the district attorney for Fulton County, Georgia in 2021,” Ms. Merchant’s filing, which came late Friday afternoon, states.Ms. Merchant, on behalf of her client Michael Roman, a former Trump campaign official, is seeking to have Mr. Wade, Ms. Willis and Ms. Willis’s entire office disqualified from the Trump case. Ms. Merchant argues that the romantic relationship, as well as vacations the prosecutors took together that were paid for at least in part by Mr. Wade, amount to a conflict of interest.“It is evident that the district attorney and her personally appointed special prosecutor have enriched themselves off this case,” Ms. Merchant wrote.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More