Last surviving criminal case against Donald Trump hits a wall

Georgia’s Supreme Court has ended Fulton County District Attorney Fani Willis’s bid to prosecute President Donald Trump and his allies in the state’s 2020 election interference case. The 4-3 decision on Tuesday declined to review a lower court ruling that disqualified Willis over what it called a “significant appearance of impropriety” from her romantic relationship with special prosecutor Nathan Wade.

The ruling leaves the sprawling racketeering case against Trump and 14 remaining co-defendants in limbo. The Georgia Prosecuting Attorneys’ Council must now try to find a new prosecutor to take over the case, a process that could take months. Even if a replacement is found, it remains unclear whether they will continue with the charges or drop the case entirely.

“Willis’ misconduct during the investigation and prosecution of President Trump was egregious and she deserved nothing less than disqualification,” said Steve Sadow, Trump’s lead attorney in Georgia, according to The Hill. “This proper decision should bring an end to the wrongful political, lawfare persecutions of the President.” The decision marks a major victory for Trump and his legal team in what was one of four criminal cases against the president.

Court decision splits justices on key legal issue

The Georgia Supreme Court’s decision was closely divided, with three justices dissenting from the majority. Justice Carla Wong McMillian argued that the court should have taken up the case because it affects “every single active lawyer” in the state. She noted that while the facts were unusual and politically charged due to the parties involved, this didn’t reduce the case’s importance.

Justice Andrew Pinson, who wrote a concurring opinion, suggested the question of whether an appearance of impropriety alone can disqualify a prosecutor might need to be addressed in future cases. However, he said this particular appeal didn’t meet the threshold for the court’s consideration because the lower court’s ruling was case-specific.

The case began unraveling in January 2024 when allegations emerged about Willis’s romantic relationship with Wade, the special prosecutor she had hired to lead the case. A trial judge initially ruled that either Willis or Wade had to step aside for the case to continue. Wade quickly resigned, but an appeals court later went further, saying both had to be removed due to the appearance of impropriety.

Willis has vowed to cooperate with the transition process, saying she will make case materials available to the Prosecuting Attorneys’ Council. “I hope that whoever is assigned to handle the case will have the courage to do what the evidence and the law demand,” she said in a statement, though she disagreed with the court’s decision.

The prosecution stemmed from Trump’s efforts to overturn his 2020 election loss in Georgia, including his call to Secretary of State Brad Raffensperger asking him to find enough votes to change the result. Four defendants have already pleaded guilty in the case. The Georgia case was one of several criminal prosecutions against Trump, including his conviction on 34 counts in New York, though he received no punishment in that case. Two federal cases were dropped after Trump won the 2024 election.