Fani Willis was disqualified from Donald Trump’s RICO case by the Georgia Court of Appeals on Dec. 19. The three-judge panel ruled 2-1 in favor of Willis’ dismissal from the case claiming, “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.”
However, the one dissenting judge on the Georgia Court of Appeals was Benjamin Land. Land blasted his colleagues for making a decision that overstepped their boundaries.
Land wrote, “It is not our job to second guess trial judges or to substitute our judgement for theirs. We should resist the temptation to interfere with that discretion, including its chosen remedy, just because we happen to see things differently. Doing otherwise violates well-established precedent, threatens the discretion given to trial courts, and blurs the distinction between our respective courts.”
Land continued, “If this Court was the trier of fact and had the discretion to choose a remedy based on our own observations, assessment of the credibility of the witnesses, and weighing of the evidence, then perhaps we would be justified in reaching the result declared by the majority. But we are not trial judges, and we lack that authority.”
Land also wrote, “Our role as appellate judges is critically important, but it often requires restraint. We are here to ensure the law has been applied correctly and to correct harmful legal errors when we see them. We do not find the facts but instead defer to the trial court’s factual findings where there is any evidence to support them.”
Willis could possibly use Land’s dissent to take her case to a higher court.
The dismissal stems from Willis alleged relationship with Nathan Wade, a former special prosecutor.
In early January, Judge Scott McAfee gave Trump a gift after Willis’ relationship became the focus of the case.
On Jan. 9, Ashleigh Merchant, the lawyer for Trump’s co-defendant Michael Roman, issued a motion to have Roman’s charges be dismissed, citing that Willis’ alleged personal relationship with Nathan Wade should disqualify her from continuing to prosecute the case. She claimed that Willis benefited from the salary by engaging in an intimate relationship and going on vacations with Wade.
All of a sudden, Georgia’s biggest trial in the state’s history became a soap opera and spectacle.
Willis was able to avoid testifying in a divorce hearing after Wade reached a temporary settlement in his divorce of Joycelyn Wade. In court filings, Willis revealed that she had a personal relationship with Wade, but said there was no conflict of interest when it came to the Trump RICO case. The two revealed that they did not engage in a personal relationship until 2022. They also claimed that at no point were funds misused to enhance their lifestyle.
One month after Willis’ viral testimony, Judge McAfee ruled that there was no evidence that Willis benefitted from a relationship with Wade. However, he ruled that Willis or Wade would have to step down, and of course, Wade sent his resignation within hours.
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