Judge: Prosecutor can’t question fake elector

ATLANTA — The prosecutor who’s investigating whether former President Donald Trump and his allies illegally tried to interfere in the 2020 presidential election in Georgia cannot question a lawmaker who signed a certificate falsely stating that Trump won the state, a judge ruled Monday.

Superior Court Judge Robert McBurney agreed with Republican state Sen. Burt Jones that Fulton County District Attorney Fani Willis had a conflict of interest because she hosted a fundraiser last month for Jones’ Democratic opponent in November’s election for lieutenant governor. McBurney said during a hearing last week that Willis’ decision to host the fundraiser was “a ‘What are you thinking?’ moment. The optics are horrible.”

Willis can still ask other witnesses about Jones, the judge said, but will not be able to bring charges against him. Instead, the Prosecuting Attorneys’ Council of Georgia, a nonpartisan association of Georgia district attorneys, should appoint another prosecutor to decide if any charges should be brought against Jones, one of 16 Georgia Republicans who falsely claimed to be the state’s “duly elected and qualified” electors.

“Today’s ruling is a huge win for our campaign — but more importantly, for due process and the rule of law in Georgia,” Jones said in an emailed statement.

Willis’ office was still reviewing the order and didn’t have an immediate comment, spokesperson Jeff DiSantis said.

The judge’s decision Monday likely has no bearing on the future of Willis’ overarching investigation into what she has called “a multistate, coordinated plan” by Trump’s campaign to influence the results of the 2020 election. But it served as a rebuke of Willis and provided ammunition to her critics who have accused her of pursuing a politically motivated case.

McBurney said in his order that Willis was within her rights to host the fundraiser but that her decision “has consequences.”