In a mark of confidence over the Fulton County prosecution of former President Donald Trump and his co-defendants in a case concerning the 2020 presidential election, District Attorney Fani Willis has declared that “the train is coming.” This statement was made in an interview with CNN over the weekend, where Willis also addressed the recent disqualification effort levied against her and her team.
Despite narrowly escaping disqualification due to a romantic relationship with her former lead prosecutor, Willis has stated that the efforts did not slow down her work on the case. “While that was going on, we were writing responsive briefs, we were still doing the case in a way that it needed to be done,” she told CNN. “I do think there are efforts to slow down this train, but the train is coming.”
However, Atlanta defense attorney Andrew Fleischman believes that Willis may have crossed a line with her weekend remarks. In an interview with Salon, he stated that prosecutors should not make public statements with “no legitimate law enforcement purpose.” These types of comments can harm the public’s trust in the case and strengthen arguments for gag orders and disqualification.
Willis, who is up for re-election in Fulton County this year, denies any need to restore her reputation but insists that she loves the community she serves. Her focus, she says, is on the charges, facts, and law of the case, leaving “all the drama behind.”
However, her remarks have raised concerns among legal experts. Georgia State University law professor Clark Cunningham believes that her weekend interview sounded more like “campaign remarks” and may have targeted voters for the upcoming primary and general election. This has raised questions about Willis’ true intentions in her statements, and whether they are truly focused on the case at hand.
The obvious implication is that the “price” of a plea deal has gone up for defendants who sought to disqualify Fani Willis. https://t.co/Q1wb2UExFD
— Renato Mariotti (@renato_mariotti) March 24, 2024
In response to questions about potential plea deals for Trump and his co-defendants, Willis told CNN that she is “always open-minded and reasonable” and that her office “will listen to those explanations.” However, this statement comes with “the obvious implication” that the price for a plea deal has gone up since the disqualification efforts, according to former federal prosecutor Renato Mariotti.
Furthermore, Willis’ remarks may have implications for future proceedings in the case. If requested, Fulton County Superior Court Judge Scott McAfee may grant a gag order due to the district attorney’s statements, according to Fleischman. This raises the question of whether Willis’ actions could affect the outcome of the case through her public remarks.
The case also faces a potential legal hurdle, with the defendants, including Trump, appealing the decision to allow Willis to remain on the case following her lead prosecutor’s resignation. However, the Georgia Court of Appeals is unlikely to take up this appeal, and the probability of the court accepting it or granting a stay on further proceedings is lower.
Some legal experts, including Cunningham, believe that it would be best for the case if Willis took a temporary leave of absence and allowed a chief deputy from her office to oversee it. This could dispel any doubts about her conduct and restore credibility to the prosecution. However, Willis has made no indications of taking leave, raising further questions about her intentions and priorities in this case.
In the end, the outcome of the case will ultimately depend on the evidence and arguments presented, and Willis’ weekend remarks may not have a significant impact. However, they do raise concerns about the potential bias and motivations behind her actions, and their effect on the public perception of the case. As the legal battle continues, the public will have to wait and see if Willis’ “train is coming” or if unforeseen obstacles will derail it.
