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Arguments in Fani Willis appeal set for after election

Fulton’s Trump election interference case remains in limbo
Three judges selected to hear the Fani Willis appeal: Judge Benjamin Land; Judge Todd Markle; and Judge Trenton Brown. (Benjamin Land; Nydia Tisdale/Wikimedia; Trenton Brown)
Three judges selected to hear the Fani Willis appeal: Judge Benjamin Land; Judge Todd Markle; and Judge Trenton Brown. (Benjamin Land; Nydia Tisdale/Wikimedia; Trenton Brown)
Bill Rankin
Tamar Hallerman
By Bill Rankin and

The Georgia Court of Appeals on Tuesday set a date a month after the presidential election to hear oral arguments in the appeal to disqualify District Attorney Fani Willis from prosecuting former President Donald Trump and others in Fulton County’s election interference case.

The court scheduled arguments for Dec. 5 in the appeal brought by Trump and eight co-defendants seeking Willis’ removal. The defendants contend Willis should be disqualified because of her romantic relationship with former special prosecutor Nathan Wade and a fiery church speech she gave when responding to the accusations.

When the appeals court agreed to hear the case in early June, it initially set an Oct. 4 date for oral arguments. But it quickly backtracked because of a scheduling conflict.

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The three judges hearing what will likely be the most notable appeal in the state court’s history are Todd Markle, Trenton Brown and Benjamin Land. The Georgia Constitution mandates that the matter must be decided within two terms of court, which means the justices would need to rule before mid-March 2025. With arguments being set for early December, it appears highly likely the court will not issue its decision until sometime early next year.

Early last month, the appeals court issued an order staying lower-court proceedings involving Trump and the eight others pursuing the appeal. It subsequently stayed proceedings against co-defendant Misty Hampton, the former Coffee County supervisor who is one of the remaining six defendants who are not pursuing the appeal seeking Willis’ disqualification.

The Georgia case is one of four criminal prosecutions of Trump.

On Monday, a federal judge in Florida dismissed a case against the former president which alleged he had mishandled classified documents after leaving the White House. Judge Aileen Cannon ruled that the special prosecutor who brought the charges had been improperly appointed. The U.S. Department of Justice has said they will appeal.