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Trump Attorneys Ask Georgia Supreme Court To Disqualify Fani Willis

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OPINION: This article may contain commentary which reflects the author's opinion.


Attorneys for President Donald Trump have made a request to the Georgia Supreme Court to have Fulton County District Attorney Fani Willis disqualified from his case and to squash the special grand jury report that advised bringing charges.

The attorneys for the president said that Willis “seeks an indictment” against the former president based on evidence that the evidence was “unlawfully obtained,” CNBC reported.

The filings came three days after Fulton County Superior Court empaneled two grand juries that could soon decide whether to charge Trump and his allies over their efforts to reverse his loss to President Joe Biden in Georgia’s 2020 election.

Willis has indicated that indictments related to the probe could come in August.

These newly seated grand juries are separate from the special purpose grand jury which heard evidence and testimony from dozens of witnesses last year. That grand jury submitted a final report, most of which remained under seal as of Friday.

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The special grand jury did not have the power to indict, and Willis was not required to follow its recommendations. The two recently empaneled grand juries in Fulton County do have the power to indict, however.

“Even in an extraordinarily novel case of national significance, one would expect matters to take their normal procedural course within a reasonable time,” the attorneys said in the motion. “But nothing about these processes have been normal or reasonable. And the all-but-unavoidable conclusion is that the anomalies below are because petitioner is President Donald J. Trump.”

“A regular Fulton County grand jury could return an indictment any day that will have been based on a report and predicate investigative process that were wholly without authority,” they said.

“It is one thing to indict a ham sandwich. To indict the mustard-stained napkin that it once sat on is quite another,” they said.

In March the attorneys made the same request to the Fulton Superior Court.

“Stranded between the supervising judge’s protracted passivity and the district attorney’s looming indictment, (Trump) has no meaningful option other than to seek this court’s intervention,” the attorneys said.

Willis’ office hit back at that request with its own filing to the court.

“The state respectfully requests that this court retain supervision of this matter and dismiss or deny the motions as appropriate without a hearing,” it said.

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The District Attorney’s office said that “most of the arguments are barred by lack of standing, untimeliness, and other procedural flaws, and any remaining arguments are without merit.”

CNN legal analyst Elie Honing said that he believes Trump’s attorneys motion is doomed.

“Elie, how do you assess the Trump team’s case to throw out evidence and disqualify the Fulton County D.A., Fani Willis?” CNN anchor Jim Acosta said during Friday’s the CNN show “The Situation Room” on Friday. “This is something that they’ve talked about for a long time. Does it have any merit?”

“Legally and procedurally, they’re not gonna win on this, Jim. The thing they are asking for here is not a thing, legally. There’s basically no way that a judge can prevent a grand jury from taking action [or] can stop a grand jury ahead of time from indicting,” the analyst said.

“But it’s important to note, Donald Trump does have some legitimate points he makes in this brief about the way that the D.A., Fani Willis has injected politics into this case. She’s already been disqualified from a piece of the case and chastised by the judge for a political conflict of interest. She’s used pieces of this case to fundraise and to ask for more Twitter followers. She’s made public statements that may cross a line. So, Donald Trump’s team is not going to win this motion. But there are issues that are going to crop up as we move along about the way Fani Willis has handled this case,” they said.

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