On Monday, a Georgia Judge blocked a Fulton County District Attorney from investigating a Republican state senator as part of her investigation of efforts by Trump and his supporters to overturn the 2020 election results in that state.
District Attorney Fani Willis was barred from investigating State Senator Burt Jones by Judge Robert McBurney after a Thursday hearing concerning a potential conflict of interest in the case. Willis hosted a campaign fundraiser in June for Democrat Charlie Bailey. Bailey is running against Jones for Lt. Governor of Georgia in November. Willis also donated to Bailey’s primary campaign earlier this year.
Jones was one of 16 “fake electors” who signed an unofficial electoral certificate that was allegedly a part of former President Trump and his allies’ plan to overturn the election results in Georgia.
According to Georgia law, Jones could still be investigated if the Prosecuting Attorney’s Council of Georgia decides to appoint a replacement DA in the case. The council has said they have not decided if they will do so at this time.
If she continues on the case, the judge is allowing Willis to talk to witnesses about Jones’ role in the plot, but cannot use that evidence in a case against Jones. McBurney also said that he will allow the subpoenas against 11 other fake electors to move forward.
At Thursday’s hearing, Jones’ attorney William Dillon argued that the case should be investigated by a district attorney who had no connection to either candidate. “Find somebody who doesn't have a dog in the hunt. Fani Willis had a dog in this hunt.” After Monday’s ruling, Jones called it a “HUGE win for our campaign -- but more importantly, for due process and the rule of law in Georgia.”
Willis’ attorney Anna Green Cross had argued that nothing about her political actions offered a basis for disqualification. “As a legal matter, everyone can talk at cocktail parties all they want and watch the cable news station of their choosing,” she said. “But no matter what, it still does not amount to a legal matter conflict under Georgia law.”
But McBurney questioned the decision to host the fundraiser, calling the optics “horrific.”
"Using the title of your office and having on social media that you as this political office holder are holding a fundraiser for the opponent of someone that this political office is investigating, I don't know that it's an actual conflict, but I use that phrase: 'What were you thinking?'” McBurney asked at the hearing.
Willis has informed all 16 of the fake electors that they may be indicted during her probe. In addition to the 11 subpoenas she issued for the fake electors, she has also subpoenaed other Trump allies and Georgia Republican Representative Jody Hice.
Jeff DiSantis, the spokesperson for Willis, told CNN that they are reviewing their options after Monday’s ruling.