At the lower court level, Judge Scott McAfee had considered Trump and his co-defendants’ request this year that Willis be disqualified and the case be tossed out entirely because of Willis’s romantic relationship with Wade, whom she
hired in November 2021. McAfee decided, however, that Wade’s resignation from the case would resolve any conflict of interest concerns.
The appellate judges reversed this decision, saying Willis and her office could no longer oversee the indictment but that the charges could still stand, a move that plunges the
already-struggling case deeper into a state of uncertainty.
“While we recognize that an appearance of impropriety generally is not enough to support disqualification, this is the rare case in which disqualification is mandated and no other remedy will suffice to restore public confidence in the integrity of these proceedings,” the judges wrote.
Legal experts, including conservative Georgia-based lawyer Phil Holloway, have previously told the
Washington Examiner that Willis’s disqualification would flip the case into the hands of a state government agency, which would then decide whether to move the case to another prosecutor’s office. It is highly likely, Holloway said, that the case could hit a dead end at that stage. Its sprawling nature and many other complications would make it undesirable to other offices, he said.
Former U.S. Attorney Joyce Vance
said on X that the appellate court’s decision “most likely [is] a slow death knell if not an outright death for the case.”