There are four methods Georgia Republicans can explore to remove Fulton County District Attorney Fani Willis though just one option is most realistic, a law expert told Newsweek.
Willis, a Democrat, has become a central political figure tied to Donald Trump after she launched an investigation into alleged election interference conducted by the former president and his allies. Trump and 18 others were indicted last month by a grand jury, prompting action from some within the GOP to oust Willis with support from Republican Governor Brian Kemp.
But Kemp, whose relationship with Trump has been tumultuous since the 2020 election, has rejected the notion of strong-arming Willis politically. On Thursday, the governor pushed back on a special legislative session to investigate the Atlanta-based district attorney, referring to it as "political theater" and bucking constitutional norms.
Clark Cunningham, a law professor at Georgia State University, told Newsweek via phone that he views a handful of options at concerned Republicans' disposal to remove Willis.
How Could Fani Willis Be Impeached?
One way could be if Willis was indicted for a felony.
"If the attorney general [Republican Christopher Carr] indicted her for a felony she would be suspended...and then eventually removed if she was convicted," he said.
He recalled a similar situation occurring with Paulding County District Attorney Donald "Dick" Donovan in 2021, a metro Atlanta prosecutor who was charged with felonies including bribery and making false statements and later indicted. In January 2022, he pleaded guilty and resigned.
Another method to entertain for Willis' removal is impeachment, Cunningham said, which is highly unlikely considering that it requires two-thirds of the 56-member Georgia Senate to vote in favor.
"They don't have two-thirds Republicans in the Senate, even assuming every Republican would vote for it," Cunningham said.
The third way would be a recall election, which would let the voters of Fulton County decide. Willis won her Democratic primary in August 2020 with over 71 percent of the vote and ran unopposed in the general. Fulton County contains nearly a 3-1 Democratic advantage in terms of voter demographics.
If anything could lead to Willis' ousting, it could be a new commission signed into law by Kemp in May that has the legal power to remove local prosecutors who aren't able to fulfill their "constitutional and statutory duties."
Kemp said Wednesday that the Prosecuting Attorneys Qualifications Commission (PAQC), which will start accepting complaints from prosecutors on October 1, could weigh in on the issue even though he personally "has not seen any evidence" that Willis' actions or behavior requires its input.
"I think the commission might very well either adopt a formal policy or informal policy, that if there's a complaint made against the district attorney about a case that is pending, that the commission would not take any action until the case is over to prevent the commission being used to interfere with a court proceeding," Cunningham said.
He said he would be "surprised" if a complaint was filed specifically attacking Willis on the basis of the Trump indictment and the PAQC didn't let the case play out in court.
However, other complaints for removal—such as Willis' pledge to not sign the state's abortion-related heartbeat bill—could potentially be a basis for removal.
Kemp has 'one major vulnerability'
Georgia Republican State Senator Colton Moore recently drew praise from Trump but ire from Democrats after he said Willis' investigation leading to indictment could potentially lead to a "civil war."
On Thursday, Moore reiterated his calls for a special session and wrote a letter to Kemp and Secretary of State Brad Raffensperger—a key figure in the Trump indictment—demanding it "to conduct a thorough investigation into the actions undertaken by Willis, ensure the integrity of legal proceedings, and uphold the principles of justice that form the bedrock of our country."
He also attacked Kemp, saying he wasn't being "honest" with the public in his pushback against said session.
"[Kemp] is allowing his disdain for President Trump to cloud his judgment," Moore said in a statement shared with Newsweek on Friday. "I encourage him to take a deep breath and read the Georgia Constitution, specifically Section 2, paragraph 7...which outlines his clear power to call an emergency session.
"As the corrupt Fulton County DA continues to target Donald Trump...I only have one question for the governor: When are you going to stand with the people of Georgia and convene the emergency session that your constituents are demanding?"
Carl Cavalli, a political science professor at the University of North Georgia, told Newsweek via email that Kemp is in a unique situation as a popular two-term Republican governor with good approval ratings but has "one major vulnerability as seen by many other Republicans."
It's more emblematic of a split within the GOP rank-and-file, he added.
"Kemp is emboldened by being a relatively popular governor who was re-elected by a comfortable margin," Cavalli said. "He is emboldened to be more independent of the party itself. However, he has this lurking vulnerability. He doesn't want to risk alienating many Georgia Republicans who are firmly on Donald Trump's side.
"So, Kemp seems to be trying to distance himself from Trump while trying to quell any opposition from Republicans by rationalizing and intellectualizing his own actions. In a sense, he is trying not to say that he won't help Trump, but rather that he can't help Trump because of legal and constitutional issues with the demands of Senator Moore and others."
