If a Georgia judge signs off on a bid to disqualify Fulton County District Attorney Fani Willis from her racketeering case against former President Donald Trump and numerous co-defendants, it could delay any trial until well after the 2024 election — and possibly scuttle the charges altogether, legal experts told NBC News.
For a new prosecutor to take over the sprawling 15-defendant case would be a “massive undertaking,” said Amy Lee Copeland, a defense lawyer and former federal prosecutor in Georgia, adding that the theoretical new prosecutor could decide to amend the charges or even “decide not to pursue it.”
Fulton County Superior Court Judge Scott McAfee held an evidentiary hearing on Thursday and Friday over misconduct allegations that have been aimed at Willis and the special prosecutor she appointed to the case, Nathan Wade. Michael Roman, one of Trump’s co-defendants, alleged the pair engaged in an “improper, clandestine personal relationship” and “have enriched themselves off this case.”
Willis and Wade have denied any wrongdoing. McAfee has not yet ruled on the motion, but said earlier this week, “Because I think it’s possible that the facts alleged by the defendant could result in disqualification, I think an evidentiary hearing must occur to establish the record on those core allegations.”