Main: Fulton County District Attorney Fani Willis arrives at a hearing on March 1, 2024, to determine whether she should be removed from the election interference case against Donald Trump because of a relationship with Nathan Wade, a special prosecutor she hired (AP Photo/Alex Slitz, Pool). Left inset: Judge E. Trenton Brown III (Judge Trent Brown for Court of Appeals/Facebook).
Fulton County DA Fani Willis' RICO prosecution of Donald Trump and his allies for interfering with the 2020 election in Georgia is as dead as a doornail, and now she's at war with a state appellate judge who authored that result and, according to Willis, made "disparaging public comments."
In November, the disqualified Democratic DA looked on as no other prosecutor jumped at the chance to step in to salvage the case. That was the final blow, but the one Willis never recovered from was dealt by Georgia Court of Appeals Judge E. Trenton "Trent" Brown III in December 2024.
At that time, Brown penned the 2-1 majority's opinion which, for the first time, went a step beyond the trial judge's ultimatum that either Willis or Nathan Wade, the special prosecutor with whom she had a romantic relationship, had to step aside. Brown went further, finding this was a scandal warranting an admittedly "rare" remedy for Willis' "significant appearance of impropriety."
"After carefully considering the trial court's findings in its order, we conclude that it erred by failing to disqualify DA Willis and her office," Brown's opinion said, adding later: "While we recognize that an appearance of impropriety generally is not enough to support disqualification, 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."
The rest is history, but not of the ancient variety.
Eleven days ago, the Atlanta Journal-Constitution published a column headlined, "DA Fani Willis' revenge tour? Judicial races suggest an enemies list," an opinion piece that included Brown's criticisms of Willis and his accusations that she's out for "revenge."
Brown faces reelection and his opponent is Will Wooten, a deputy DA from Willis' office.
"I believe Fani Willis absolutely convinced my opponent to run against me," Brown said, according to the AJC and Willis' filing to force the judge's recusal from "any remaining" cases involving her office. "She would prefer a judiciary that operates in fear of her, as opposed to fair and impartial judges concerned with the proper application of the law."
Willis, who has faced accusations of making "disparaging" extrajudicial statements herself, has now asked a Fulton County judge not to let Brown's "two indications of bias and prejudice" go without a response.
"Whatever Judge Brown's beliefs may be, his statements are an indication of partiality, bias, and/or prejudice against the DA. Once a judge has publicly declared that a sitting District Attorney is seeking 'revenge' against him personally and prefers judges that 'fear' her 'as opposed to fair and impartial judges concerned with the proper application of the law,' it is impossible for that judge's impartiality to go reasonably unquestioned in cases where that District Attorney represents the State," the filing said.
Brown responded to reporting from Lawfare about the motion by saying, in part, it is his "personal opinion that Fani Willis is an unethical person."
It is my personal opinion that Fani Willis is an unethical person. I strive to abide by the law and the judicial canons.
In the months leading up to qualifying for my reelection, word of Fani recruiting challengers for me and other judges was well known. When we heard Will…
— Trenton "Trent" Brown (@JudgeTrentBrown) May 19, 2026
Over the course of the prosecution, Trump's defense team accused Willis of violating Georgia's ethical rules for attorneys, claiming she "wrongfully" injected "racial animus into this case" in a public speech.
Follow Law&Crime:
Comments