Judge Previously Removed Fulton County DA Willis from 2020 Election Case, Reports Claim

District Attorney Fani Willis holds a press conference in the Fulton County Government Center after a grand jury voted to indict former US President Donald Trump and 18 others on August 14, 2023, in Atlanta, Georgia. The Georgia prosecutor who brought sweeping charges against former president Donald Trump and 18 other defendants said Monday, August 14, that she wants to hold their trial "within the next six months." Fulton County District Attorney Fani Willis said arrest warrants had been issued for Trump and the others charged over their efforts to overturn the 2020 election and they had until August 25 to "voluntarily surrender." (Photo by Christian MONTERROSA / AFP)

Fulton County District Georgia Attorney Fani Willis, currently involved in efforts to prosecute former President Donald Trump, was allegedly removed from an election-related case in Georgia previously. 

Case Against Lt. Gov. Jones

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In fall 2022, a judicial decision reportedly prevented Willis from proceeding with a case against Lieutenant Governor Burt Jones. Jones was implicated in controversies surrounding Trump’s challenge of the 2020 Georgia presidential election results.

Fundraising Controversy

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According to NBC News Superior Court Judge Robert McBurney, Willis was criticized for organizing a fundraiser for Charlie Bailey, Jones’ Democratic opponent in the 2022 lieutenant governor’s race.

Participation Deemed Harmful 

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McBurney determined that Willis’ participation in the fundraiser was “harmful” to the investigation into Jones, who allegedly collaborated with other state Republicans to challenge the 2020 election results by presenting an alternative slate of electors.

Impartiality in Question

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Judge McBurney expressed concerns about Willis’s impartiality, stating, “Any decision the district attorney makes about Senator Jones in connection with the grand jury investigation is necessarily infected by it.” This statement was made during Jones’s tenure as a state senator.

Judge’s Rationale for Disqualification

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The judge noted that although Willis’ contributions to the Bailey campaign wouldn’t automatically lead to her removal from the case, however, he said the action “added to the weight of the conflict created by the more extensive, direct, public and job-related campaign work the district attorney performed on behalf of candidate Bailey.” 

Endorsement Impact

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McBurney added, “This choice — which the district attorney was within her rights as an elected official to make — has consequences. She had bestowed her office’s imprimatur upon Senator Jones’s opponent.”

“Fake Electors” Probe

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Willis had issued subpoenas for Jones and others in the investigation of the “fake electors,” and she was allowed to proceed with her involvement in that aspect of the case.

Bars Willis from Subpoenaing Jones

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McBurney’s ruling prevents Willis from issuing subpoenas to Jones, publicly labeling him as a target, or seeking recommendations about him from the grand jury in its final report.

New Prosecutor

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The judge also ruled that another prosecutor would be responsible for bringing charges against Jones, The Post reported

Alleged Misuse of Funds

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The report comes as Willis is currently facing scrutiny for her alleged misuse of county funds in appointing her alleged romantic partner, Nathan Wade, as outside counsel in their case against Trump.

Engagement of Wade & Campbell Firm

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Willis engaged the services of the Wade & Campbell Firm, with Christopher Campbell, a partner at the firm, serving as a Taint Attorney responsible for reviewing privileged evidence. 

Special Prosecutor Appointment

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Wade was appointed as a special prosecutor in the case against Trump in November 2021.

Personal Vacations

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Bank statements reveal that Wade bought flight tickets in Willis’ name for personal vacations. His firm has received over $650,000 in payments from Willis’ office since 2022. 

Recusal Discussions

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Since the allegations have emerged, discussions about whether Willis should be recused from the case have gained traction.

Plea for Charges Dismissal

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Michael Roman, a co-defendant in the Georgia election fraud case alongside Trump, has levied these allegations against the district attorney in a court filing. He has called for the charges to be dismissed and for the entire district attorney’s office to be disqualified from the case.

DA Must Answer

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In a legal filing earlier this week, Georgia Superior Court Judge Scott McAfee indicated that the relationship between Willis and Wade has become a matter that the district attorney must address.

Willis’ Response Deadline

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Willis is obligated to provide a written response by February 2 regarding allegations that she was involved in a “personal, romantic relationship” with Wade. An evidentiary hearing on this matter is scheduled for February 15.

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