Georgia Trump case: What happens next after Fani Willis ruling in Fulton County?
President Donald Trump speaks during a "Make America Great Again" rally at Aaron Bessant Amphitheater in Panama City Beach, Florida on May 8, 2019. (Photo credit: BRENDAN SMIALOWSKI/AFP via Getty Images)
FULTON COUNTY, Ga. - Now that Fulton County Judge Scott McAfee has reached a decision regarding the motions to disqualify Fulton County District Attorney Fani Willis, all involved parties must determine their next steps.
On Friday afternoon, Nathan Wade resigned his position as special prosecutor for the Georgia election interference case. Wade said in his letter of resignation that he was offering his resignation in the "interest of democracy" and to move the case forward as quickly as possible.
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Decision to appeal
Former President Trump's attorney, Steve Sadow, has already expressed dissatisfaction with McAfee's ruling, stating that the court did not appropriately address the prosecutorial misconduct of Willis and Wade. Sadow also indicated that they would explore all legal options available to continue fighting against the prosecution of the case.
The attorney for Michael Roman, who filed the original motion to disqualify Willis, also expressed dissatisfaction with the decision and said they will continue to fight. However, she did not say they would file an appeal.
Fani Willis reaction: Politicians, lawyers and others react to judge's ruling
The ruling did not include an automatic certificate of review, meaning that defense lawyers would need to request a certificate of immediate review from Judge McAfee to appeal the decision before trial.
The Court of Appeals will then need to decide whether to hear the appeal. If it chooses not to, the case will return to McAfee and proceed toward trial.
If the Court of Appeals does accept the appeal, it could be several months before reaching a decision. Subsequently, the losing party would have the option to appeal the decision to the state Supreme Court, further delaying the Georgia election interference case from going to trial.
It seems unlikely that Willis will appeal the decision. Many people, both Democrats and Republicans, believe that Willis was fortunate to avoid disqualification.
Regardless, it's difficult to imagine that this situation won't affect the outcome of the case. It will likely be challenging to find potential jurors who are unaware of the controversy surrounding the case.
Possibility of a gag order
Judge McAfee suggested the possibility of a gag order in his ruling on Friday in response to Willis' speech at a historic Black church in January. McAfee deemed her speech "illegally improper." During her speech, Willis defended Wade and suggested that he was being targeted because he was a "Black man."
Additionally, although Willis was not disqualified, some view it as a partial victory for the former president, who has employed various tactics to delay his four criminal trials. Moreover, Judge Scott McAfee dismissed six charges, including three against Trump, earlier this week.
Other problems for Willis
The problems aren't over for Willis, however.
She is still under investigation by the U.S. House Committee on the Judiciary. Chairman Jim Jordan (R-OH) sent Willis a letter on March 14 demanding she submit documents that were requested in a subpoena she was served with a couple of months ago. The committee is looking into the possible misuse of federal funds during the investigation into possible interference in Georgia's 2020 presidential election. Willis was given a deadline of March 28 to comply with demands or the committee may hold her in contempt of Congress.
Additionally, Gov. Kemp signed legislation related to the Prosecuting Attorneys Qualification Commission earlier this week. The purpose of the commission is to discipline and remove prosecutors from cases in Georgia. It's possible they will begin an investigation into Willis. However, Republicans have denied the measure is directly aimed at Willis.
Upcoming election
In the meantime, both Judge McAfee and Willis are facing challengers in the upcoming election. If there are further substantial delays, neither of them may be involved in the case in the future.
EDITOR'S NOTE: This story was updated after Nathan Wade submitted his resignation on Friday afternoon.