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DA Fani Willis appeals her disqualification from Trump's Georgia election interference case

3:40
Willis disqualified from GA election case against Trump, but indictment still stands
John Bazemore/AP
ByOlivia Rubin
January 09, 2025, 4:14 PM

Fulton County District Attorney Fani Willis on Wednesday filed an appeal to the Georgia Supreme Court asking them to reverse her disqualification from the Georgia election interference case against Donald Trump and others.

The Georgia Court of Appeals last month disqualified Willis from her prosecution of Trump and his co-defendants due to a "significant appearance of impropriety," leaving the question of who takes over the case -- and whether it continues -- to the Prosecuting Attorneys Council of Georgia.

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MORE: Court disqualifies Fani Willis from Georgia election case against Trump, but indictment still stands

In her filing Wednesday, Willis argued that the appeals court "erred" when it disqualified her from the case based only on the appearance of a conflict of interest, which stemmed from her relationship with a prosecutor on the case.

"No Georgia court has ever disqualified a district attorney for the mere appearance of impropriety without the existence of an actual conflict of interest," the filing stated, asking the higher court to review the decision.

The filing also claimed the lower court's opinion was an "overreach" and "created a new standard for disqualification" that it did not have the authority to enact.

Fulton County District Attorney Fani Willis speaks during a news conference in Atlanta, Ga., in an Aug. 14, 2023 file photo.
John Bazemore/AP

"The opinion ignored precedent and created a new, mechanical standard for disqualification uniquely applicable to public prosecutors, usurping authority properly reserved to this Court while ensuring confusion and uncertainty to follow," the filing stated.

Trump and 18 others pleaded not guilty last year to all charges in a sweeping racketeering indictment for alleged efforts to overturn the results of the 2020 presidential election in the state of Georgia. Four defendants subsequently took plea deals in exchange for agreeing to testify against other defendants.

The case has been on pause while Trump and his co-defendants have pursued Willis' disqualification.

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