Court disqualifies Fani Willis from Georgia election case against Trump, but indictment still stands

The Georgia Court of Appeals on Thursday disqualified Fulton County District Attorney Fani Willis from her prosecution of President-elect Donald Trump and his co-defendants in their election interference case.

"After carefully considering the trial court's findings in its order, we conclude that it erred by failing to disqualify DA Willis and her office" over what the appeals court called "a significant appearance of impropriety," the ruling said.

The criminal indictment against Trump and his co-defendants still stands, the court said.

Trump and 18 others pleaded not guilty last year to all charges in a sweeping racketeering indictment for alleged efforts to overturn the results of the 2020 presidential election in the state of Georgia.

Defendants Kenneth Chesebro, Sidney Powell, Jenna Ellis and Scott Hall subsequently took plea deals in exchange for agreeing to testify against other defendants.

Following the Thursday's ruling, the Fulton County DA's office filed notice that they intend to appeal the decision to the Georgia Supreme Court. A spokesperson for the DA's office declined to comment further to ABC News.

The appeals court ruling leaves the question of who takes over the case -- and whether it continues -- to the Prosecuting Attorneys Council of Georgia. That decision may be delayed due to the appeals process.

The case has been on pause after Trump and his co-defendants launched an effort to have Willis disqualified from the case over her relationship with fellow prosecutor Nathan Wade. Fulton County Judge Scott McAfee declined to disqualify Willis, leading Trump to appeal that decision.

The appeals court ruled to disqualify Willis and her entire office from the case because "no other remedy will suffice to restore public confidence in the integrity of these proceedings," the ruling said.

"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 order said, reversing Judge McAfee's original decision.

Wade, who had been the lead prosecutor in the case, resigned as special prosecutor in March after McAfee issued his ruling that either Willis or Wade must step aside from the case due to a "significant appearance of impropriety" stemming from a romantic relationship between the DA and the prosecutor.

While the appeals court disqualified Willis and her office, it did not find enough evidence to justify "the extreme sanction" of tossing the entire indictment against Trump and his co-defendants, as Trump had sought in his appeal.

"While this is the rare case in which DA Willis and her office must be disqualified due to a significant appearance of impropriety, we cannot conclude that the record also supports the imposition of the extreme sanction of dismissal of the indictment under the appropriate standard," the ruling said.

"The Georgia Court Of Appeals in a well-reasoned and just decision has held that DA Fani Willis’ misconduct in the case against President Trump requires the disqualification of Willis and her office," Trump attorney Steve Sadow said in response to the ruling. "The Court highlighted that Willis’ misconduct created an 'odor of mendacity' and an appearance of impropriety that could only be cured by the disqualification of her and her entire office. As the Court rightfully noted, only the remedy of disqualification will suffice to restore public confidence."

Judge Clay Land -- one of the three judges on the appeals panel -- dissented from the decision, arguing that reversing the trial court "violates well-established precedent, threatens the discretion given to trial courts, and blurs the distinction between our respective courts."

Land argued that the appearance of impropriety -- rather than a true conflict of interest -- is not enough to reverse Judge McAfee's decision not to disqualify Willis.

"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," he wrote.

In his dissent, Land emphasized that the trial court found that Willis did not have a conflict of interest and rejected the allegations of impropriety stemming from her relationship with Wade, including the allegation that she received a financial benefit from his hiring.

"It was certainly critical of her choices and chastised her for making them. I take no issue with that criticism, and if the trial court had chosen, in its discretion, to disqualify her and her office, this would be a different case," he wrote. "But that is not the remedy the trial court chose, and I believe our case law prohibits us from rejecting that remedy just because we don't like it or just because we might have gone further had we been the trial judge."

The Georgia election interference case is one of four criminal cases that were brought against Trump after he left the White House in 2021. His two federal cases, on charges of interfering with the 2020 election and refusing to return classified documents, were dropped following Trump's reelection last month, due to a longstanding Justice Department policy prohibiting the criminal prosecution of a sitting president.

Trump's sentencing in New York, following his conviction on charges of falsifying business records related to a hush money payment made to boost his electoral prospects in the 2016 election, was postponed indefinitely following Trump’s reelection last month.