Supporters of Donald Trump are calling for Fulton County District Attorney Fani Willis to be removed from office after she indicted the former president and 18 others. The group is accused of conspiring to overturn the results of the 2020 presidential election.
Georgia Gov. Brian Kemp, R, signed a bill into law in May that created a commission with the authority to investigate district attorneys and remove them from office if certain conditions are met.
The eight-member commission, called the Prosecuting Attorneys Qualifications Commission, is separated into two sections: a five-member investigatory panel and a three-member hearing panel, which is responsible for adjudicating claims and issuing disciplinary orders.
The commission can open an inquiry after a majority vote by the investigative panel. Accusations can be brought forward by individuals with personal knowledge of an incident or the commission can begin an inquiry on its own motion. Allegations must be accompanied by a sworn affidavit.
The law gives the commission the authority to remove or force the involuntary retirement of a district attorney under the following conditions:
- Mental or physical incapacity that interferes with the performance of duties that is likely permanent.
- Willful misconduct in office.
- Willful and persistent failure to carry out statutory duties.
- Conviction of a crime involve moral turpitude.
- Conduct prejudicial to the administration of justice which brings the office into disrepute, or, knowingly authorizing or permitting an assistant district attorney or assistant solicitor general to commit any of the aforementioned acts.
The law also outlines the exact requirements and statutory authorities of a district attorney.
“My No. 1 priority is public safety across our state,” Gov. Kemp said in a statement when he signed the bill into law. “As hardworking law enforcement officers routinely put their lives on the line to investigate, confront, and arrest criminal offenders, I won’t stand idly by as they’re met with resistance from rogue or incompetent prosecutors who refuse to uphold the law.”
The bill was championed by Republican leadership in the state Legislature. It came at a time when Republicans were expressing frustration and concern with a rise in violent crime in major cities and DAs who were not pursuing charges or lessening charges.
There have been other efforts to remove prosecutors in Florida, Indiana, Missouri and Pennsylvania. Conservatives have criticized “woke prosecutors” who they contend have not done enough to fight crime.
But Democrats in Georgia have expressed concern that the commission could be “twisted and turned into something else.”
Sen. Josh McLaurin, D, told the AP that while he supported the law’s overall concept, he feared Republicans would “use a commission like this, potentially, to harass or put the fire under prosecutors of a certain party in certain urban areas that don’t align with what state government wants.”
Rep. Marjorie Taylor Greene, R-Ga., called for Willis’ removal Monday night, Aug 14.
Greene cited a copy of the indictment that was erroneously posted online before the grand jury had made its decision. The copy was subsequently removed. When asked about the leak, Willis said she is not familiar with the clerk’s duties or how the systems work for entering indictment information and did not want to speculate on how it happened.
Trump and 18 others, including his attorneys Rudy Giuliani and John Eastman were charged Monday, Aug. 14, in a 41-count indictment that included a charge under the Racketeer Influenced and Corrupt Organizations (RICO) Act, and charges of conspiracy to commit election fraud, conspiracy to defraud the state, and false Statements and writings.
Although they are indicted together, not every defendant faces each charge.
The grand jury issued arrest warrants for the defendants. Willis is giving them until Friday, Aug. 25, at noon to voluntarily surrender.
Willis said she will request that the trial take place within the next six months, but that is ultimately up to the judge.
The Associated Press contributed to this report.
