Fani Willis, the Fulton County District Attorney currently under scrutiny, is determined to proceed with her objective of bringing former President Donald Trump to trial before the November election. Willis is reportedly seeking a trial date as early as this summer, as per sources privy to her plans.
This audacious move comes amidst challenges Willis faces to regain control of the case following a two-month diversion that exposed personal details, damaging her credibility and leaving her politically exposed ahead of her own reelection bid in November.
Willis narrowly escaped disqualification due to her romantic involvement with lead prosecutor, Nathan Wade, who resigned last Friday after a public reprimand from Judge Scott McAfee. The judge granted requests from Trump and his co-defendants to seek an appeal, leaving Willis under the threat of disqualification.
Georgia Republicans are persistently investigating allegations that Willis profited from her relationship with Wade. A state Senate committee could potentially use its subpoena power to uncover new information and plans to convene several more times to hear from additional witnesses.
Republican Governor Brian Kemp recently signed changes into law that empower a state commission to investigate Willis and have the authority to remove or sanction state prosecutors. Willis’s once solid political standing has been shaken, with Democrat Christian Wise Smith, a former Fulton County prosecutor and Atlanta solicitor, launching a campaign challenging Willis in the May 21 primary. Republican lawyer Courtney Kramer, who served in the Office of the White House Counsel under Trump, has also entered the race.
The Supreme Court’s impending decision on whether the former president is absolutely immune from special counsel Jack Smith’s election subversion charges could significantly impact various criminal proceedings against Trump. A ruling in favor of the former president could be a major setback to both criminal cases against Trump related to the 2020 election, including in Georgia. Hearings are set to begin in April, with a decision expected by the end of June.
Despite the uncertainty of the federal case, sources close to the Fulton County DA’s office believe that McAfee can set a trial date. Fulton County prosecutors recently communicated to defense attorneys their plan to respond to Trump’s immunity claim within two weeks of the Supreme Court’s decision.
Willis and her team are cognizant of the political damage caused by the recent events but maintain that their duty is to prosecute the facts of the criminal case against Trump and his co-defendants, not to concern themselves with the political fallout.
Former Dekalb County District Attorney Robert James, who closely follows the case, told CNN that even if Willis can get the case to trial before November’s election, selecting a jury alone could take months, especially with so many defendants involved.
One source revealed that Willis and her team understand the damage done could diminish the public’s perception of the Georgia case ahead of what is likely to be a polarizing 2024 election. However, the same source expressed frustration over the media spectacle of the televised hearings.
Since his disqualification ruling, McAfee has indicated his readiness to proceed, with sources familiar with the case saying he has asked attorneys on both sides about how to proceed with pre-trial motions. Recent communications from McAfee include questions about which motions need oral argument and what needs more briefing before he can rule on them.
Michael Moore, a CNN legal analyst and former US attorney in Georgia, questions whether Willis should even remain on the case, and says if she does, she will need to show McAfee and the public that she is in complete “control.”