Fulton County District Attorney Fani Willis is urging the Georgia Court of Appeals to reject an argument she describes as a “red herring” in the ongoing effort to disqualify her from prosecuting former President Donald Trump and his associates in the high-profile election interference case.
In a filing submitted on Monday, Willis responded to a motion by Cathy Latham, a co-defendant in the case and former GOP chair for Coffee County, who argued that Willis should be disqualified from prosecuting the case due to a previous conflict of interest.
Latham pointed to a 2022 incident in which Willis was barred from investigating Georgia Lieutenant Governor Burt Jones after hosting a fundraiser for his political opponent. However, Jones is not a defendant in the current case.
Willis, who charged Trump and 18 others with violating Georgia’s racketeering laws in a sweeping RICO indictment unveiled in August 2022, dismissed Latham’s argument as irrelevant.
“This is a red herring,” Willis stated in the filing, noting that the disqualification in the Jones matter has no bearing on the current prosecution.
The district attorney’s office stated that no legal precedent supports extending the disqualification to the Trump case or any other defendants.
The case has drawn significant attention, with Trump and his co-defendants arguing that Willis has a personal interest in the outcome, partly due to her previous relationship with former special prosecutor Nathan Wade.
Although Wade has since resigned from the case following a ruling by Judge Scott McAfee, the defense continues to argue that the relationship casts doubt on the integrity of the prosecution.
Judge McAfee had earlier ruled that Willis could continue to lead the case, but he permitted the defense to appeal the decision to the Georgia Court of Appeals.
The court is scheduled to hear oral arguments on December 5, with a final decision expected by March 2025. Until then, the court has blocked Willis from prosecuting the case, effectively delaying the trial until after the 2024 presidential election.
In her brief, Willis argued that disqualifications are an “extraordinary remedy” that should only be granted in rare circumstances.
She urged the appeals court to uphold Judge McAfee’s ruling and allow her to proceed with the case against Trump and his co-defendants.
