FULTON COUNTY, Ga. — UPDATE: Judge Robert C. I. McBurney did not issue a ruling on whether or not to disqualify Fulton District Attorney Fani Willis on Thursday, saying he would lay out his decision in a forthcoming written opinion.
He did rule against motions to quash the testimony of Georgia Sen. Burt Jones and 11 others who have been issued target letters in the investigation for their connection to the "alternate electors" scheme in the 2020 election to submit Electoral College votes on behalf of former President Donald Trump despite his election loss.
Sen. Jones had brought the disqualification challenge against Willis, alleging a conflict of interest over a fundraiser she held for his opponent in the lieutenant governor's race, Charlie Bailey.
Jones is the Republican nominee in Georgia for lieutenant governor, and Bailey won a Democratic primary runoff against Kwanza Hall for that party's nomination. The fundraiser Willis held was for that runoff race.
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A judge will decide if Fulton County's district attorney can continue her investigation into whether former President Donald Trump and his allies interfered in Georgia's 2020 election.
State Sen. Burt Jones filed a complaint with the Fulton County Superior Court last week, asking the court to disqualify District Attorney Fani Willis from any prosecution against him in the special grand jury involved in the election probe. It also asks Fulton County Superior Court Judge Robert McBurney to remove Willis and her office from the investigation.
Jones, who is the Republican nominee for lieutenant governor, alleged that the investigation is politically motivated because Willis is an active supporter of his Democratic opponent. McBurney set a Thursday afternoon hearing on that motion.
The motion also alleges that Willis is only pursuing some of the 16 electors as targets, specifically those who are prominent figures in the state Republican Party. That is evidence of political motivation, the lawyers argue.
But Willis said in a court filing that each of the 16 people who signed the false elector certificate has received a letter saying they are targets of the investigation and that their testimony before the special grand jury is required.
The motion asks McBurney, who is overseeing the special grand jury to excuse the 11 electors from appearing. It also asks him to look into Willis' actions “indicating the improper politicization of this investigatory process."
Willis's office has said Jones' claims are without merit and wrote in a filing that Jones has identified no actions that show political motivation.