Fani Willis Gets Possible Bad News From Supreme Court
Fulton County District Attorney Fani Willis listens during the final arguments in her disqualification hearing at the Fulton County Courthouse on March 1, 2024, in Atlanta, Georgia. Willis may have received some bad news from the U.S. Supreme Court on July 1, 2024, following a ruling on presidential immunity.
Fulton County District Attorney Fani Willis received some possibly bad news on Monday following a ruling by the U.S. Supreme Court in Donald Trump's presidential immunity case in relation to his federal election interference case, according to legal experts.
In a 6-3 decision, the Court ruled on Monday that former presidents have absolute immunity for official acts, but no immunity at all for private acts. The Court sent the case, which was led by Department of Justice (DOJ) special counsel Jack Smith and focused on Trump's alleged role surrounding the January 6, 2021, U.S. Capitol riot and Trump's alleged efforts to overturn the 2020 election results that saw President Joe Biden as the winner, back to a lower court in Washington, D.C., to figure out how to determine what constitutes an official act.
It's possible Trump, who maintains his innocence, will still face a trial for some charges in the case that are not deemed official, but conservatives are viewing the ruling as a victory as it makes it less likely the case will go to trial before the November election.
The Supreme Court's decision on Monday overturns the February appeals court ruling that rejected Trump's presidential immunity claims. The three-judge panel for the U.S. Circuit Court of Appeals for D.C. found that immunity does not apply to Trump because he's no longer president. Judge Tanya Chutkan, who is overseeing the case, had also denied Trump's request earlier this year.
Following the decision, some legal experts speculated on what impact the ruling could have on the case in Fulton County, Georgia. Trump was indicted by Willis last August in a 2020 election interference case following a phone call he had with Georgia Secretary of State Brad Raffensperger in January 2021 when he asked him to "find" more than 11,000 votes so he could be declared the winner in Georgia instead of Biden. Trump and 18 co-defendants were also accused of violating the state's Racketeer Influenced and Corrupt Organizations (RICO) Act. The former president has maintained his innocence and said the case is politically motivated.
"This ruling also affects Georgia prosecution, which is based on the same conduct, though even as president, Trump can't torpedo a state case," former U.S. Attorney Barbara McQuade wrote on X, formerly Twitter, on Monday.
Former federal prosecutor Michael McAuliffe told Newsweek that "to the extent that the Georgia state RICO case relies on acts that are core presidential duties, or at a minimum official, then the new immunity case would present a new barrier to the government's prosecution."
He added: "Given the narrative overlap between the federal January 6th case and the Georgia state case, the state judge will likely follow the federal judge's determinations."
Similarly, former federal prosecutor and CNN legal analyst Elie Honig spoke about the ruling on Monday and said that "the Georgia case, the Fani Willis indictment, that one is in big trouble."
He added: "That alleges essentially, largely, the same conduct as in Jack Smith's January 6 case. So, they're going to have in Georgia, the same exact immunity issues."
Honig also noted during his CNN appearance that the Court's ruling could affect the case brought against the former president in New York by Manhattan District Attorney Alvin Bragg who accused Trump of falsifying business records in connection to hush money payments made to former adult film star Stormy Daniels ahead of the 2016 presidential election. Daniels alleged she had an affair with Trump in 2006, which he has denied.
Trump was found guilty in Bragg's case, but has said that he plans to appeal the jury's verdict. His sentencing in that case is set for July 11.
"Do not be at all surprised if we see in the next couple of days, a motion from Donald Trump's legal team to throw out the verdict in the New York State case, the hush money case," Honig said.
The Fulton County district attorney's office, meanwhile, declined to comment on Monday after Newsweek reached out via email.
Trump responded to the Court's ruling in a post to Truth Social and wrote on Monday: "BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!"
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