In a recent analysis, a law professor at Georgia State Law School has suggested that District Attorney Fonny Willis should temporarily step aside from the Trump case in Georgia. While the professor acknowledges that Willis has handled the case well and believes the indictments against Trump and his co-defendants are legally sound, he emphasizes the importance of avoiding potential delays and complications.
The professor clarifies that when he mentions 'stepping aside,' he is referring to Willis taking a temporary leave of absence rather than disqualifying herself or resigning as district attorney. By doing so, the risk of disqualification would be greatly minimized. If Willis voluntarily takes a leave, a career district attorney in the office could take over the case, ensuring its progression.
Despite the absence of evidence regarding an improper relationship, the professor highlights two significant risks. The first risk is the potential for the motion for disqualification to be granted, leading to a considerable delay as a state agency would need to appoint a special prosecutor, a process that can be lengthy, as seen in a previous disqualification motion against Willis. Furthermore, even if Willis were to win the disqualification motion, Trump and his allies have proven to be adept at appealing and seeking discretionary appeal, which could prolong the case for months.
To prevent such delays, the professor suggests that Willis takes a temporary absence from the office. This would enable her to appoint a chief deputy as the acting district attorney, ensuring that the other attorneys in the office are not disqualified. The professor emphasizes that it need not be seen as an admission of wrongdoing, as the statute does not demand a reason for taking a leave. While this may impact Willis' personal reputation and political future, it would be beneficial for the case and the public interest to proceed swiftly.
Regarding potential trial delays, the professor argues that if Willis takes a temporary absence, the trial could be held before the November election. In fact, he suggests that severing the case and going to trial against Trump next month would provide an opportunity to move the case forward rapidly, given the current pause in the D.C. case.
The professor's analysis calls for careful consideration of the implications of Willis' involvement in the Trump case and highlights the importance of expediting the legal proceedings without compromising the interests of justice.
