District Attorney Fani Willis has been permanently sidelined from prosecuting President Donald Trump’s election interference case in Georgia after she lost an appeal at the state’s highest court. Willis pictured at the Fulton County Courthouse in Atlanta, Georgia, on March 1, 2024. (Alex Slitz/AP/Bloomberg via Getty Images)

Fani Willis permanently removed from prosecuting Trump election interference case after losing appeal

Georgia Supreme Court Removes DA Fani Willis from Trump Election Interference Case Over Impropriety Claims

Georgia Supreme Court declines Fani Willis’s appeal, upholding her removal from the Trump election interference case due to appearance of impropriety. What happens next and who takes over.

In a major legal turn, the Georgia Supreme Court has declined to hear an appeal from Fulton County District Attorney Fani Willis, confirming her permanent disqualification from prosecuting the high-stakes election interference and racketeering case against former President Donald Trump and others. The decision, made in a narrow 4-3 vote, allowed a lower court ruling—arguing an “appearance of impropriety”—to stand. Politico+2The Guardian+2

The case began in August 2023, when Willis’s office brought criminal charges against Trump and 18 allies, accusing them of attempting to illegally overturn the 2020 election results in Georgia under the state’s racketeering laws. AP News+1 Once the prosecutions began, concern emerged about Prosecutor Willis’s relationship to Nathan Wade, the special prosecutor she appointed to lead parts of the case. Although Wade resigned in early 2024 after allegations raised conflict-of-interest concerns, the appearance of impropriety was deemed significant enough to mandate Willis’s removal. Politico+2The Guardian+2

When the Georgia Court of Appeals disqualified Willis in December 2024, it held that the prior remedy of asking Wade to resign was insufficient to fix the perception that justice might be compromised. Willis appealed this decision to the Georgia Supreme Court, hoping to overturn the disqualification. On September 16, 2025, the Georgia Supreme Court rejected her appeal, leaving the earlier ruling in place. Politico+2AP News+2

With Willis removed, responsibility for prosecuting the case now shifts to the Prosecuting Attorneys’ Council of Georgia. It will select a new prosecutor to take over the proceedings. That replacement could maintain the existing strategy, narrow some charges, or possibly dismiss parts of the case—but how the transition plays out remains to be seen, especially under the tense political climate. Politico+2The Guardian+2

One complicating factor is that Trump was re-elected and is now the sitting president, which may shield him from prosecution in this state proceeding. However, the other co-defendants still face criminal exposure depending on how the new prosecution unfolds. The Guardian+1

Reactions to the ruling were split. Trump and his legal team saw it as a vindication. His attorney Steve Sadow called the removal justified, describing Willis’s conduct as “egregious” and arguing that disqualification was the only way to restore confidence in the case. Willis, on the other hand, expressed disappointment but pledged cooperation: her office will transfer the evidence and case files to the Prosecuting Attorneys’ Council. She also emphasized the importance of whoever takes over acting with integrity and in line with the law. AP News+1

The ruling not only halts Willis’s participation but also raises new questions about prosecutorial ethics in high-profile cases. Legal experts have pointed out that this sets a precedent in Georgia regarding what constitutes enough of an appearance of impropriety to disqualify a prosecutor—even if actual misconduct is not proven. It underscores how perceptions of fairness can be as powerful in the courtroom as the facts on the table. The Guardian+1

FAQs

Q1. Why was Fani Willis removed from the Georgia election interference case?

She was removed due to an appearance of impropriety arising from her romantic relationship with Nathan Wade, the special prosecutor she appointed. Although he resigned, courts ruled the earlier remedy was insufficient. Politico+1

Q2. Did the Georgia Supreme Court overturn her removal?

No. In a 4-3 decision, the Georgia Supreme Court declined to hear her appeal, leaving the Court of Appeals’ earlier ruling in place. Politico+1

Q3. What happens to the case now that Willis is removed?

The Prosecuting Attorneys’ Council of Georgia will appoint a new prosecutor to handle the case, who may choose to follow Willis’s strategy, scale back or drop certain charges. AP News+1

Q4. Can Donald Trump be prosecuted in this case given he is now President?

Because Trump is now the sitting president, there are legal questions and protections that may prevent extraditing state charges during his term. However, co-defendants are still vulnerable depending on future prosecutorial decisions. AP News

Q5. What legal precedent does this set in Georgia?

This case establishes that a perceived conflict of interest—or even appearance of impropriety—can be sufficient to disqualify a prosecutor, even if there's no proven financial misconduct or benefit. It could influence future rules about ethical behavior for prosecutors. The Guardian+1