Fani Willis Could Still Be Kicked Off Trump's Case But It's a Long Shot

Fulton County District Attorney Fani Willis may have been saved from disqualification on the Trump case, but there is still a rare chance that she could be removed from the prosecution.

Judge Scott McAfee, who is presiding over former President Donald Trump's Georgia election interference case, ruled against disqualifying Willis on Friday, so long as special prosecutor Nathan Wade resigns from the case. But legal experts say the various ethics complaints against Willis could still pose a threat to the district attorney in the case against Trump and his allies.

Since Willis and Wade's relationship was publicized in January, there have been several ethics complaints filed against Willis, accusing her of failing to file personal financial disclosure statements, of violating Georgia campaign finance and ethics rules and of misspending state funds, among other things. Willis has denied any wrongdoing.

"Judge McAfee didn't make much of a secret of the fact that Ms. Willis may face other issues from this," trial attorney Andrew George told Newsweek. "He noted that there are 'other forums or sources of authority such as the General Assembly, the Georgia State Ethics Commission, the State Bar of Georgia, the Fulton County Board of Commissioners, or the voters of Fulton County may offer feedback on any unanswered questions that linger.'"

George continued, "That feedback is not likely to be positive."

"As part of those additional inquiries, new evidence may surface," George said. "That new evidence could lead to efforts by the defendants to revisit the removal question, such as evidence contradicting her prior testimony. More likely, though, it keeps negative attention on Ms. Willis and her office."

Former federal prosecutor and elected state attorney Michael McAuliffe told Newsweek that if an ethics violation is found, it would likely result in some sanction, although he expects it to be less than a disqualification since, like McAfee said in his order, it would be an extreme remedy for an appearance of impropriety from Willis.

"It may be that she receives a reprimand or some type of censure," McAuliffe said, adding that it's possible one such sanction could be a suspension of Willis' right to practice law. If that's the case, Willis would then be unable to prosecute the case.

If that was the case, someone else might be appointed as acting district attorney on the case. McAuliffe added the newly created Prosecuting Attorneys Qualifications Commission, which reviews prosecutor misconduct, could also have the authority to remove a district attorney. Either way, McAuliffe said it's too early yet to know how and when the ethics issue is resolved.

Former Assistant U.S. Attorney Andrew Weissmann said in a post on X, formerly Twitter, that it could be a smart move for Willis to voluntarily recuse herself from the case and hand it over to another prosecutor "given that ethics issues will abound now."

Weissman said "for the good of the case," another prosecutor at Willis' office should drive the prosecution forward, "with the confidence of the court, and no defense distractions."