Following the recent attempt by defense lawyers to disqualify her from the Georgia election interference case, Fulton County District Attorney Fani Willis has taken charge of the case personally, focusing on legal strategy and preparing her team for trial.
A source close to her revealed that Willis has made the decision to take on a prominent role in the courtroom for the conspiracy case against Donald Trump and 14 co-defendants.
"Despite efforts to delay the proceedings, we are moving forward," Willis stated confidently during a chance encounter with CNN after attending a Georgia Easter egg hunt on March 23.
"I refuse to be ashamed of having had a relationship with a man. That is not a crime," she further commented.
Willis had just endured a lengthy legal soap opera after lawyers for one of the defendants filed a motion on Jan. 8 alleging that she had a clandestine romantic relationship with outside lawyer Nathan Wade, whom she had tapped to lead the case. Over two months of withering testimony and legal argument, Willis had intimate details of her private life publicly aired, her judgment and integrity questioned, and saw the most high-stakes prosecution of her career teeter on the brink of collapse because of an indiscretion in her personal life.
In the end, Judge Scott McAfee ruled there was no actual conflict of interest that would have required disqualification of Willis and her entire office from the case. But he did conclude that Willis' conduct created an "appearance of impropriety" that needed to be "cured" for her to continue. The solution was for Wade to resign from the case, which he did a few hours after the judge's ruling.
Instead of replacing Wade with another lawyer from inside or outside the office, Willis is stepping up her own role in quarterbacking the case, CBS News has learned. She has already plunged into the nuts and bolts of trial strategy, including starting to lay out how evidence, including witnesses and documents, will be presented, a process known as "order of proof."
At the same time, she is thinking about how to communicate the stakes of a case about protecting the democratic rights of Georgians — a far more abstract concept than typical murder or gang prosecutions — to a Fulton County jury.
Furthermore, an insider revealed that Willis will now take the lead in discussions with defense attorneys during future plea negotiations, a responsibility previously held by Wade.
Most notably, she is strategizing her own involvement in presenting the case. Her presence in the courtroom will not be merely symbolic. Sources familiar with her plans, who preferred not to be named, disclosed that Willis is contemplating delivering the opening statements for the prosecution and personally questioning key witnesses.
Individuals familiar with the determined and competitive district attorney suggest that a prominent role in the courtroom — especially in the sole televised case against Trump — could help shift attention away from the recent disqualification controversy. They indicate that she is focused on redirecting public scrutiny towards Trump and his co-defendants for their alleged involvement in attempting to overturn the 2020 election. This strategic approach was evident when she passionately testified during the disqualification hearing last month.
"You're mistaken, you seem to think I'm the one on trial," she retorted to defense attorney Ashley Merchant. "These individuals are on trial for their attempt to manipulate an election."
Willis' increased involvement in the high-profile case coincides with her reelection campaign in Fulton County. Although the trial is not expected to commence before the general election in November, she will likely have the chance to argue pre-trial motions and procedural matters prior to that time.
Any statements she makes within the courtroom pose less risk compared to what she might say in the public sphere, where she tends to be less restrained. Having already been warned by McAfee for making unconventional public comments, the judge has suggested the possibility of implementing a gag order for the case.
"Considering the recent legal issues and the ongoing appeal, exercising additional caution would be beneficial," noted Anthony Michael Kreis, a law professor at Georgia State College of Law closely monitoring the election interference case. However, Kreis also acknowledged that Willis has the right to personally handle the case and viewed it as a potential "rehabilitation moment."
According to a close friend of Willis, it was always expected that she would play a role in the trial to demonstrate to her constituents the importance she placed on the case. However, it was only after enduring a challenging two-month disqualification process that she made the decision to take on a leading role in the trial, as sources reveal.
Throughout her two-decade career, Willis has built a reputation as a skilled courtroom practitioner, having successfully handled numerous murder, rape, and gang cases. She has also led complex prosecutions in Georgia, including the Atlanta Public Schools cheating case, which involved a RICO prosecution against teachers, principals, and administrators. This case, prosecuted under the same conspiracy statute as Trump and his co-defendants, resulted in the conviction of all but one of the 12 defendants after the longest trial in Georgia's history.
"She combines a level of preparation unmatched by any attorney I have ever seen, with a very rare ability to connect with a jury at that gut level," said Charley Bailey, a former Fulton County assistant DA who has tried cases with Willis and is a close friend.
