Donald Trump’s Fani Willis Case Could Be Dismissed: Legal Analyst

In an interview with Fox News on Wednesday morning, attorney and legal analyst Phil Holloway laid out how Donald Trump‘s Georgia election interference case could be dismissed amid Fulton County District Attorney Fani Willis‘ allegations she had an affair with a special prosecutor in her office who she hired in the case.

“If it can be proven she violated the constitution in the way of substitute due process claims, that she was fundamentally unfair in how she carried out her prosecutorial duties, then that could result in a dismissal (of the case),” Holloway told Harris Faulkner on The Faulkner Focus.

Context

Willis has found herself at the center of a potential ethics violation related to her alleged affair with special prosecutor Nathan Wade. This comes amid Willis’ case against the former president, in which Trump and 18 co-defendants were indicted by a Georgia grand jury in August and face criminal racketeering charges for allegedly attempting to overturn the state’s electoral results in the 2020 election won by Joe Biden.

However, four individuals who were indicted, but later pleaded guilty, said they’d cooperate with prosecutors. Trump, the frontrunner in the 2024 GOP presidential primary, and the remaining defendants have pleaded not guilty.

What We Know

The allegations Willis faces were first made when one of Trump’s co-defendants in the case, Michael Roman, filed a motion three weeks ago claiming that Wade and Willis were at one point romantically involved during the investigation of Trump, adding that the special prosecutor and district attorney had been “profiting significantly from this prosecution at the expense of the taxpayers.”

In addition, Bank statements filed in the divorce case by Wade’s wife, Joycelyn Wade, also alleged that the special prosecutor had purchased tickets on two separate occasions for himself and Willis during the time of Trump’s investigation. A recent settlement between special prosecutor Wade and his estranged wife spares Wade from having to testify this week about his alleged romantic relationship with Willis, his boss. Wade was hired by Willis in 2021 to head the investigation into Trump.

Willis and her office face widespread pushback related to the allegations as the 2020 election interference case pushes on. Trump and his co-defendants have argued that all charges should be dismissed, accusing Wade and Willis of misconduct.

Views

While Willis previously rejected the allegations and said her critics were “playing the race card” given that they had singled out Wade, who is Black, other legal analysts have warned she used “poor judgment.”

In a column published earlier this month on Just Security, an online forum for the analysis of security, democracy, foreign policy, and rights, legal analysts Norman Eisen, Joyce Vance and Richard Painter point out that while the public has not heard Willis’ side of the story, her possible transgressions represent “poor judgment” in a vital case.

However, the legal analysts also wrote that the allegations against Willis are not basis for disqualifying the district attorney from prosecuting Roman or others, adding that the question of disqualification under conflict of interest does not apply to this case.

Although, attorney and legal analyst Jonathan Turley previously told Newsweek he believes Willis and Wade should recuse themselves from the Georgia election case entirely, adding that Willis’ new filing regarding Joycelyn Wade “seemed more cathartic than strategic.”

Newsweek has reached out the Fulton County Court office via email for comment.

What’s Next?

A call for investigations into Willis’ alleged misconduct has been made by several Republicans.

Georgia state Senate Republicans introduced legislation last week to establish the Senate Special Committee on Investigations to look into the allegations of misconduct involving the district attorney.

In addition, Georgia State Representative Charlice Byrd, a Republican, added to Willis’ woes last week after introducing a resolution to impeach the district attorney.

Meanwhile, the Willis-Wade relationship must now be addressed by the district attorney, Georgia Superior Court Judge Scott McAfee wrote in a recent legal filing. Willis must submit a written response by February 2 to allegations that she “engaged in a personal, romantic relationship” with Wade, which will be followed by an evidentiary hearing on February 15.

However, Holloway previously noted last week on Fox News that the state of Georgia may struggle to replace Willis if she were to be recused in the case.

“It would be a question if she gets recused, then her whole office has to be recused. If she’s got a conflict of interest, everybody who works for her has that same conflict of interest,” Holloway said. “So the prosecuting attorney’s counsel here in Georgia or the attorney general’s office may have to sort out who in the state of Georgia, if anyone, wants this.”

Update 01/31/24 1:18 p.m. ET: This article was updated with additional information.