A pro-Donald Trump think tank has thrown its support behind the former president’s bid at the Georgia Court of Appeals to have Fulton County District Attorney Fani Willis disqualified from prosecuting Trump and 18 co-defendants over interference in the 2020 election.
Amicus Brief Highlights Alleged Impropriety
The America First Policy Institute submitted an amicus brief Friday, arguing that Willis created an air of impropriety by showing favor to Nathan Wade, hiring him as a special prosecutor “despite his negligible experience with RICO indictments” in “one of the most significant criminal cases in U.S. history.” The institute claims that Willis’ actions warrant disqualification based on Georgia’s ethical standards and prosecutorial disqualification criteria across all 50 states.
Fani willis DQ Case : Trump Challenges Trial Court’s Decision
In an opening brief last month, Trump told the appeals court that Superior Court Judge Scott McAfee inaccurately applied the legal standard for forensic misconduct when he ruled that Willis could continue her prosecution of him and his co-defendants in the election interference case. Trump argued that Willis’ actions, including a “legally improper” speech about the defendants and her past relationship with Wade, create a “significant appearance of impropriety.”
Fani willis DQ Case : Relationship Controversy and Resignation
Wade resigned in March after Judge McAfee ruled that either he or Willis must do so for the case to proceed. Both Willis and Wade have maintained that their relationship was not improper. However, the think tank insists that the trial court erred by not disqualifying both prosecutors despite identifying a “significant appearance of impropriety” and an “odor of mendacity.”
Institute’s Analysis of Prosecutorial Misconduct
The America First Policy Institute, founded in 2021 by former Trump administration officials, analyzed how U.S. states handle prosecutorial misconduct. It argued that Willis’ removal is justified under Georgia law and aligns with standards in the majority of jurisdictions. The institute also cited the Georgia Supreme Court’s ruling in Williams v. State (1988), which emphasizes avoiding conflicts of interest, prejudicial extrajudicial statements, and forensic misconduct.
Allegations of Forensic Misconduct
The institute highlighted statements made by Willis about the case, including her use of the term “fake electors” in media interviews and her comments on the Rachel Maddow show about wanting to “charge defendants who are guilty,” allegedly referring to Trump. These statements, according to the think tank, amount to forensic misconduct.
Fani willis DQ Case : Indictment and Representation
Trump and his co-defendants were indicted in August 2023 following Trump’s request that the Georgia secretary of state “find” enough votes for him to win after losing the state to now-President Joe Biden. The defendants are accused of violating Georgia’s Racketeer Influenced and Corrupt Organizations Act.
