Will Fani Willis Be Impeached? Georgia Republican's Plan Explained

Georgia state Senator Colton Moore, a firm Donald Trump supporter, is calling for an emergency special session of the state's legislature to investigate the actions of Fulton County District Attorney Fani Willis, which he said could lead to impeachment proceedings.

On Monday, Willis charged Trump and 18 of his associates over allegations they broke the law while attempting to overturn the 2020 presidential election result in Georgia. The former president is facing 13 counts. This includes one of violating Georgia's Racketeer Influenced and Corrupt Organizations (RICO) Act, which carries a maximum prison sentence of 20 years.

Trump has fervently denied any wrongdoing, with his legal team saying that the indictment is flawed and unconstitutional. "Ripping a page from Crooked Joe Biden's playbook, Willis has strategically stalled her investigation to try and maximally interfere with the 2024 presidential race and damage the dominant Trump campaign," read a statement on Trump's Truth Social account.

Trump has also been indicted in separate cases over allegations he orchestrated the payment of hush money to a pornographic actress; mishandled classified documents; and used illegal tactics while attempting to reverse Joe Biden's 2020 election victory nationwide. Again, the former president has denied any wrongdoing.

Polling indicates Trump is, by some margin, the most-popular potential 2024 Republican presidential candidate with GOP voters, meaning his legal travails are likely to have a significant impact on who occupies the White House from January 2025 onwards.

On Thursday, Moore wrote to Georgia Gov. Brian Kemp requesting the convening of a special session to "review and respond to the actions of Fani Willis."

Posting on X, formerly Twitter, Moore later added: "I launched the process to investigate Fani Willis for targeting Donald Trump.

"We must defund her office... and if appropriate... IMPEACH."

However, the chances of such a special session of the Georgia legislature taking place appear low. Article 5 of Georgia's constitution states a special session can be convened at the request of either the state governor, or a three-fifths majority of both the state's Senate and House or Representatives.

While Kemp is a Republican, he has repeatedly rejected Trump's claim that the 2020 presidential election was rigged in Georgia. Kemp said that it was not stolen, just days after Willis' indictment was announced. The GOP does have a majority in both chambers of the Georgia General Assembly, but not the two-thirds majorities that are required to convene a special session. Moreover, no other state-level Republican lawmakers were listed as signatories on Moore's letter, requesting such a session take place.

Even if a special session was convened, it is unclear how it would defund Willis's office. Its funding level is decided by the Fulton County Commission rather than the Georgia General Assembly directly.

Alafair Burke, a Hofstra University law professor and former deputy district attorney, told Newsweek this week that a special session of the Georgia legislature might be able to remove Willis, but this would be extremely legally contentious.

She said: "A couple of years ago, I would have said that's a complete no-go. The legislature writes the criminal code, but the executive branch enforces it with oversight by the judiciary. Straightforward separation of powers.

"But Georgia has joined what I think is a dangerous trend of enacting laws intended to empower them to oust prosecutors they disagree with, passing legislation recently to create a commission to discipline or even remove elected prosecutors from office. Some DAs filed a lawsuit this month challenging the law.

"So, in theory, yes, this newly created commission could remove Fani Willis from her position in hopes that whoever took her place would dump the case," Burke added.

Newsweek has contacted District Attorney Fani Willis and Gov. Brian Kemp for comment, via email and telephone respectively. This article will be updated if any reply is received.