Fani Willis' Case Might Not be Derailed After All

The decision by the Georgia Court of Appeals to review a lower-court ruling that allowed District Attorney Fani Willis to remain on Donald Trump's election interference case in the state might not delay the trial itself, according to one legal expert.

In March, presiding Judge Scott McAfee concluded Willis had a "tremendous lapse of judgment" concerning her relationship with prosecutor Nathan Wade, but said she could remain on the case provided Wade stepped down, which he then did. However, Trump's legal team appealed this ruling and on Wednesday the Georgia Court of Appeal agreed to hear the case, sparking widespread speculation the trial itself would be delayed.

Trump, the presumptive 2024 Republican presidential candidate, has been charged with crimes in four separate cases, complicating his bid for a second White House term. The GOP firebrand is accused of falsifying business records to conceal the payment of hush money to a pornographic actress, mishandling classified documents and attempting to overturn the 2020 presidential election both nationwide and in the state of Georgia specifically. He has pleaded not guilty to all charges and claims the cases against him are politically motivated.

However, of these cases a trial is only underway for the first, with Florida Judge Aileen Cannon indefinitely postponing the classified documents trial earlier on Tuesday due to legal disputes around classified evidence.

Posting on X, formerly Twitter, Professor Ryan Goodman, formerly special counsel to the general counsel of the Department of Defense, said the Georgia Court of Appeal's decision might not delay the trial itself as it could run alongside a number of pretrial motions.

He wrote: "Unless Trump requests and gets a stay, the Georgia appeals court considering his effort to disqualify DA Fani Willis might not delay matters."

Goodman then quoted a filing from Judge McAfee in March in which he granted Trump's team the right to appeal his ruling on Willis and said the court would continue examining pretrial motions regardless of whether this was approved.

McAfee said: "The Court intends to continue addressing the many other unrelated pending pretrial motions, regardless of whether the petition is granted within 45 days of filing, and even if any subsequent appeal is expedited by the appellate court."

Newsweek has contacted Donald Trump's attorney and representatives of his 2024 presidential election campaign for comment by email.

Fani Willis stock photo
Fulton County District Attorney Fani Willis looking on during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on March 1, 2024, in Atlanta, Georgia.... Alex Slitz-Pool/GETTY

The news that the Georgia Court of Appeals would hear Trump's case against Willis, and that Judge Cannon had postponed his election interference case, sparked jubilation among supporters of his MAGA [Make America Great Again] movement earlier this week.

Greg Price, communications director for the conservative leaning State Freedom Caucus Network, commented: "The Florida sham Trump trial is postponed indefinitely, the DC sham trial hangs on the SCOTUS immunity ruling, the Georgia sham trial is heading to appeal for Fani Willis' disqualification, and even liberals are admitting the New York sham trial is a clown show."

Last month, the Supreme Court heard arguments over whether Trump has immunity from prosecution over his federal election interference trial, meaning the case is unlikely to be resolved anytime soon.

On Tuesday, Stormy Daniels, who prosecutors claim was paid $130,000 in hush money ahead of the 2016 presidential election, provided details of a sexual encounter she claimed to have had with Trump in 2006. The former president strongly denies having a sexual relationship with Daniels or falsifying business records to cover up a hush money payment.

Uncommon Knowledge

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

fairness meter

fairness meter

Newsweek is committed to journalism that's factual and fair.


Hold us accountable and submit your rating of this article on the meter.

Newsweek is committed to journalism that's factual and fair.


Hold us accountable and submit your rating of this article on the meter.

Click On Meter
To Rate This Article
Comment about your rating
Share your rating

About the writer


James Bickerton is a Newsweek U.S. News reporter based in London, U.K. His focus is covering U.S. politics and world ... Read more

To read how Newsweek uses AI as a newsroom tool, Click here.
Newsweek cover
  • Newsweek magazine delivered to your door
  • Newsweek Voices: Diverse audio opinions
  • Enjoy ad-free browsing on Newsweek.com
  • Comment on articles
  • Newsweek app updates on-the-go
Newsweek cover
  • Newsweek Voices: Diverse audio opinions
  • Enjoy ad-free browsing on Newsweek.com
  • Comment on articles
  • Newsweek app updates on-the-go