Fani Willis Facing Major Defeat

Even with the focus on President Trump’s election victory and incoming Cabinet picks, his legal issues remain at the forefront. The Georgia Court of Appeals will no longer hear oral arguments in President Donald Trump’s appeal to disqualify Fulton County District Attorney Fani Willis from her election interference case against him. Trump’s appeal was based on a judge ruling that an “odor of mendacity” permeated DA Willis’ case because of her improper relationship with Special Prosecutor Nathan Wade.

Willis’s case was also notable for the outrageous prosecution of Trump’s advisers and lawyers. If you’ll remember, Willis indicted 18 others along with Trump. Apparently, just representing someone could get you prosecuted by left-wing prosecutors. Lawyers everywhere should have been up in arms.

After the scandal broke involving Willis and Wade, the case was put on hold while the appeal was at the Georgia Court of Appeals. (The ACLJ also filed an amicus brief listing the legal reasons Willis should be disqualified.) And that brings us to the appeals court stating: “The oral argument scheduled to take place on December 5, 2024 at 10:30 a.m. is hereby canceled until further order of this Court.”

It is unclear what this means for Trump’s case. The court could still decide the issue on the briefs or even send it back down for the trial court to consider other issues, such as the Supreme Court’s presidential immunity ruling or the fact that now it would be a prosecution of a sitting President.

ACLJ Senior Counsel and Director of Policy Harry Hutchison also explained how the U.S. Supreme Court’s ruling on presidential immunity (in which the ACLJ filed an amicus brief) could play a factor in the court’s decision:

I would argue that the Supreme Court has ruled very definitively that when Presidents engage in “official acts,” that conduct is arguably immune from basic scrutiny by the prosecutor. Also, when Presidents engage in unofficial acts but within the purview of their constitutional power, there is a presumption that those acts are also immune. And so if we look at Fani Willis’ case in Georgia, I think it is clearly beyond question that the prosecution essentially relied on official conduct by President Trump, so arguably, that case should be voided.

We will likely hear a ruling from the Georgia Court of Appeals soon. As far as Trump’s other legal issues, Special Counsel Jack Smith has already waved the white flag in his relentless prosecution of Trump. DA Bragg has just requested that the judge issue a stay in Trump’s Manhattan case until 2029, and AG Letitia James’ case against Trump is still ongoing.

We also have a new ACLJ case to tell you about. A homeowners association (HOA) has fined a client for having a Star of David flag up in his yard and ordered the flag to be taken down. The HOA has a rule stating that only American flags can be flown in the neighborhood. However, a neighbor has been allowed to fly a Pittsburgh Steelers flag.

We sent a demand letter to the HOA for discriminating against our client’s religious liberty. Our letter informs the HOA that selectively enforcing its rules to prohibit and single out our client’s Jewish beliefs for different treatment violates federal law.

Some might say this case is a minor issue, but if we lose our basic rights, then much more is at stake. The right to the free exercise of religion is the first liberty named in the Bill of Rights. Like other First Amendment liberties, religious freedom is not confined to the boundaries of one’s home.

We seek to obtain the HOA’s written assurances that it will rescind the notice and fine issued to our client and allow him to fly his flag as an expression of his religious beliefs in the same manner that other flags and decorations are permitted.

Today’s Sekulow broadcast included a full analysis of the Georgia Court of Appeal’s decision to cancel oral arguments for Trump’s appeal.

Watch the full broadcast below: