Trump lawyers hit back at Fani Willis in disqualification case, citing ‘misconduct’

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Fani Willis proclaims justice is coming from the unjust, slams critics

Fox News senior correspondent Jonathan Serrie has the latest on Fulton County DA Fani Willis' efforts to dismiss an appeal seeking her removal from the case against former President Trump on ‘America Reports.’

Former President Trump's legal team has filed a reply brief to the Georgia Court of Appeals in his case to disqualify Fulton County District Attorney Fani Willis. 

"President Trump’s legal team has filed a reply brief in the Georgia Court of Appeals persuasively rebutting the State’s arguments," Steve Sadow, counsel for Trump, said in a statement. 

"The brief makes clear DA Willis should be disqualified, and the case dismissed because her proven false, incendiary racial rhetoric in the church speech was calculated to heighten public condemnation of, and thereby prejudice, the defendants in eyes of potential jurors. Such misconduct violated the Georgia Rules of Professional Conduct, therefore President Trump again calls for dismissal and her removal."

On Dec. 5, the Georgia court will hear the appeal by Trump and his co-defendants to have embattled Willis disqualified from the case due to an alleged "improper" affair with former special prosecutor Nathan Wade.

GEORGIA COURT WILL HEAR TRUMP'S CASE TO DISQUALIFY FANI WILLIS ONE MONTH AFTER PRESIDENTIAL ELECTION

Fulton County District Attorney Fani Willis speaks after winning the Democratic primary on May 21, 2024, in Buckhead, Georgia. (AP)

Willis filed a motion to dismiss the appeal in June, saying the lower court found there was not sufficient evidence to support their claims that Willis has a conflict of interest, and claiming there is "no basis" to appeal Fulton Superior Court Judge Scott McAfee's March ruling allowing Willis to stay on the case. 

Trump's lawyer called the motion a "last ditch effort to stop any appellate review of [her] misconduct."

Trump was indicted in August 2023 along with 18 co-defendants stemming from the yearslong criminal investigation led by Willis and state prosecutors in Georgia into his alleged efforts to overturn the 2020 presidential election in the state.

The charges include violating the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act; solicitation of violation of oath by a public officer; conspiracy to commit impersonating a public officer; conspiracy to commit forgery in the first degree; conspiracy to commit false statements and writings; conspiracy to commit filing false documents; conspiracy to commit forgery in the first degree; and filing false documents.

Since then, Willis has struggled to avoid roadblocks in her efforts to try Trump, the GOP presidential nominee, before the election.

GEORGIA PROSECUTOR FANI WILLIS APPEALS AFTER JUDGE DROPS MULTIPLE TRUMP CHARGES

Former President Trump and former first lady Melania Trump at the conclusion of the Republican National Convention on July 18, 2024, in Milwaukee, Wisconsin. (Anna Moneymaker/Getty Images)

Judge Scott McAfee in March dismissed six of the charges and said the state failed to allege sufficient detail for six counts of "solicitation of violation of oath by public officer." 

In February, Michael Roman, a GOP operative and co-defendant in the case, dropped bombshell accusations that Willis had an "improper" affair with Wade, whom she hired to help prosecute the case in November 2021. 

Other co-defendants made similar allegations, and said she financially benefited from her relationship with him by taking lavish vacations together. 

Both Wade and Willis denied they were in a romantic relationship prior to his hiring and said the couple would split the costs of their shared travels; Willis said she reimbursed Wade for her share of the trips in cash.

FANI WILLIS' EX-STAFFER TESTIFIES SHE WAS FIRED AFTER BLOWING WHISTLE ON DA'S SPENDING

Former special prosecutor Nathan Wade at the Fulton County Courthouse on March 1, 2024, in Atlanta. (Alex Slitz-Pool/Getty Images)

After evidentiary hearings in February, McAfee ordered that Wade be removed in order to keep Willis from disqualification in the Trump election interference case.

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"[T]he established record now highlights a significant appearance of impropriety that infects the current structure of the prosecution team – an appearance that must be removed through the State’s selection of one of two options," he wrote, adding that Willis and her whole office can choose to step aside, or Wade can withdraw from the case.

Wade subsequently resigned from his post as special prosecutor.

In his order, McAfee separately took issue with a speech made by Willis at an Atlanta church in January, when she claimed she and Wade were being scrutinized because of their race. McAfee said her racially charged rhetoric of "playing the race card" was "legally improper."

Willis did not immediately respond to Fox News Digital's request for comment.