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Written by: A. Smith
Published September 16, 2025 @ 1:45 PM ET
FULTON COUNTY, Ga. – The Georgia Supreme Court has declined to hear Fulton County District Attorney Fani Willis’ appeal of her removal from the election interference case against former President Donald Trump, leaving a lower court’s disqualification order in place.
In a 4-3 decision issued Tuesday, justices refused to review the Georgia Court of Appeals’ December 2024 ruling that barred Willis and her office from prosecuting the case. One justice did not participate, and another was disqualified.
The ruling hands control of the case to the Prosecuting Attorneys’ Council of Georgia, which must now appoint another prosecutor to decide how to proceed.
Willis came under scrutiny in early 2024 after defense attorneys revealed her romantic relationship with special prosecutor Nathan Wade, whom she hired in 2021 to help lead the racketeering case against Trump and more than a dozen co-defendants.
In March 2024, Fulton County Superior Court Judge Scott McAfee ruled that either Willis or Wade must step aside to avoid the appearance of impropriety. Wade resigned, allowing Willis to remain temporarily.
But in December, the Court of Appeals determined the relationship had already compromised public confidence in the prosecution, ruling 2-1 to disqualify Willis and her office entirely. The court found that Wade’s resignation could not cure the appearance of impropriety.
Willis sought review from the state’s highest court, arguing no Georgia prosecutor had ever been removed solely on appearance grounds without proof of an actual conflict. Justices declined to take up her appeal.
The Prosecuting Attorneys’ Council must now assign a new prosecutor, who could pursue the case as Willis charged it, scale back certain counts, or dismiss it altogether.
The August 2023 indictment accused Trump and 18 allies of conspiring to overturn Georgia’s 2020 presidential election results, citing efforts that included Trump’s phone call urging Secretary of State Brad Raffensperger to “find” enough votes to change the outcome. Four defendants have pleaded guilty. Fourteen remain charged.
Legal experts note the timeline and Trump’s status as a sitting president make prosecution increasingly unlikely.
Willis said in a statement that she disagreed with the appellate and Supreme Court decisions but respected the process.
“While I disagree with the decision of the Georgia Court of Appeals and the Georgia Supreme Court’s divided decision not to review it, I respect the legal process and the courts. Accordingly, my office will make the case file and evidence available to the Prosecuting Attorneys Council for use in the ongoing litigation. I hope that whoever is assigned to handle the case will have the courage to do what the evidence and the law demand.”
Trump’s lead Georgia attorney, Steve Sadow, praised the ruling.
“The GA Supreme Ct. has correctly denied review of the GA Ct. of Appeals decision disqualifying DA Willis and her office as prosecutors in the Fulton County RICO case. Willis’ misconduct during the investigation and prosecution of President Trump was egregious and she deserved nothing less than disqualification. This proper decision should bring an end to the wrongful political, lawfare persecutions of the President.”
Lt. Gov. Burt Jones, who was named as an unindicted co-conspirator in the original investigation, also applauded the decision.
“The Supreme Court just shut Fani Willis down. Her political circus is OVER. She came after myself, President Trump and all of our conservative values, and has now lost — twice. Georgia deserves better than a DA who weaponizes the justice system for her own political gain. Today justice is served for Georgia, and justice is served for President Trump.”