A state judge in Georgia has declined to rule against a controversial Republican-passed law that could theoretically be used to remove Fani Willis, the Fulton County District Attorney prosecuting former President Donald Trump and his associates in the election racketeering case, reported the Associated Press on Friday.
Fulton County Superior Court Judge Paige Reese Whitaker further suggested that the lawsuit, which was brought by four state district attorneys, is unlikely to succeed.
“Plaintiffs have not shown an injunction is a ‘vital necessity’ to preventing an immediate and irreparable injury,” wrote Judge Whitaker. Further, “The court is persuaded that the Georgia Constitution expressly authorizes the General Assembly to impose duties on district attorneys and to create the grounds and processes to (discipline) or remove district attorneys who fail to meet those legal duties.”
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The law in question, passed earlier this year, establishes a Prosecuting Attorneys Qualifications Commission with the power to investigate and remove district attorneys. Republicans have argued this bill is about ensuring crime is properly prosecuted, getting rid of prosecutors who won't enforce the law. However, some observers have suggested that Republicans could use the commission to retaliate against Willis for prosecuting the former president.
Willis has filed a sweeping case against Trump and 18 attorneys and Republican operatives, whom she accuses of an organized crime operation with their efforts to declare fake electors, intimidate election officials and pollworkers, and breach election equipment. It's one of four separate criminal cases Trump is facing in various jurisdictions as he seeks re-election in 2024.
At the moment, Georgia Republicans do not appear unified in going after Willis; this week, GOP lawmakers booted a state senator who had been incessantly pushing for impeachment proceedings against Willis out of the party caucus.
