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As CDM readers know, the case against President Trump pertains to the 2020 election. One issue in the case is an allegedly secret recording of a telephone call between Secretary of State Raffensperger and President Trump in November of 2020. Secretary of State Raffensperger’s staff allegedly recorded the call - unbeknownst to Trump.1
In 2021, Fulton County District Attorney Fani Willis hired a Special District Attorney to work on the case. Ms. Willis hired Mr. Nathan Wade, an attorney based in metro Atlanta. The Fulton D.A.’s office agreed to pay Mr. Wade $250 per hour. Over the course of a several years, Mr. Wade billed Fulton County about $650,000.
The Grand Jury.
In May of 2022, a Special Grand Jury was convened in Fulton County. Fulton County Superior Court Judge Robert McBurney presided over the Grand Jury.
In January of 2023, the Grand Jury recommended that Trump and 19 other individuals be indicted. The other defendants included Rudy Giuliani, attorney Jenna Ellis and David Shafer, the former Chairman of Georgia Republican Party Corporation. The Grand Jury was then dissolved.
Criminal Proceedings.
The Fulton County D.A.’s office handled the prosecution. In 2023, several of the co-defendants took plea deals. Attorney Sidney Powell, attorney Kenneth Chesebro and David Shafer took plea deals. In a court filing, Mr. Shafer claimed that his actions were taken at the behest of Trump’s legal team.1
Charges dismissed.
In March of 2024, Judge McAfee dismissed some but not all of the counts against President Trump. As of the writing of this article, Trump is still facing 10 counts, including RICO counts.
The Fani Willis Controversy.
In January of 2024, a co-defendant, Michael Roman, filed a motion to have Ms. Willis removed from the case. Mr. Roman had been an official in the Trump 2020 campaign. In his motion, Mr. Roman revealed that Ms. Willis had had a romantic relationship with Mr. Wade and had travelled with Mr. Wade to Aruba, Miami and other locales. In March of 2024, Mr. Wade resigned as the case’s Special Prosecutor.
The defense filed a motion asking the court to remove Fani Willis disqualified from the case. Judge Scott McAfee ruled against the defense motion.
The defense appealed to the Georgia court of Appeals. On December 19, 2024, a three-judge panel of the Georgia Court of Appeals reversed the trial court - resulting in the disqualification of Fani Willis from the Trump case. The decision was a 2-1 decision. Judge E. Trenton Brown, III wrote the majority opinion; Judge Todd Markle concurred. Judge Ben Land dissented.
What’s Next?
Ms. Willis has her own lawyer. Governor Roy Barnes, a lawyer in private practice, is currently representing Ms. Willis. Roy Barnes was the Democratic Governor of Georgia from 1998 to 2002.
The Prosecuting Attorney Council of Georgia may appoint a replacement for Ms. Willis as the prosecutor in the case.
As of the writing of this article, Ms. Wills has not filed an appeal of her disqualification with the Georgia Supreme Court and the Prosecutors Council has not appointed a replacement prosecutor.
If the case against Trump were to go to trial, the trial would likely have to be delayed until the end of Trump’s second term. This means that the case would not go to trial until at least 2029.
