Brian Kemp Rejects Georgia Republicans' Effort to Save Donald Trump

Georgia Governor Brian Kemp said that the "political theater" of a special session to potentially impeach Fulton County District Attorney Fani Willis will not occur, despite the strong desire on behalf of some statewide conservative officials.

Willis led the investigation that recently resulted in the fourth indictment of former President Donald Trump, who, along with 18 other allies and associates, has been charged with conspiracy charges related to Georgia's electoral results in the 2020 election. Trump faces 13 of the 41 total charges, including a purported violation of the state's Racketeer Influenced and Corrupt Organizations (RICO) Act, commonly used to prosecute crime gangs.

Earlier this month, Republican State Senator Colton Moore called on Kemp to declare an emergency session to investigate and potentially impeach Willis directly in relation to her approximate 2-and-a-half-year investigation that he claims could ultimately spark a "civil war."

"We have a law in the state of Georgia that clearly outlines the legal steps that can be taken if constituents believe their local prosecutors are violating their oath by engaging in unethical or illegal behavior," Kemp said on Wednesday.

Republican Gov. Brian Kemp speaks at an event hosted by Conservative radio host Erick Erickson on August 18, 2023, in Atlanta, Georgia. He has abstained from feeding some statewide conservatives' calls for an investigation into Fulton County District Attorney Fani Willis. Megan Varner/Getty

He added that no such oversight is warranted based on how the investigation transpired, in addition to such a session possibly being unconstitutional.

"As long as I am governor, we're going to follow the law and the Constitution, regardless of who it helps or harms politically," Kemp said.

Kemp reiterated his comments during a press conference Thursday that centered on the state's emergency response to Hurricane Idalia, saying that discussions about a special session are mirroring similar conversations that took place when Kemp rejected calling a special session to overturn results from the 2020 election.

"Such an action would have been unconstitutional, it was that simple," Kemp said Thursday. "Fast forward today, nearly three years later, memories are fading fast."

Gov. Brian Kemp rejects the idea of calling a special session to oust Fani Willis, and criticizes Trump and his allies for pushing it:

“The bottom line is that in the state of Georgia, as long as I'm governor, we're going to follow the law and the Constitution.” pic.twitter.com/VhPAKS1Z7q — Republican Accountability (@AccountableGOP) August 31, 2023

He mentioned "one individual in the General Assembly," who is Moore, and his intentions. Kemp said he also made his own opinions public and "well documented."

"We are now seeing what happens when prosecutors move forward with highly-charged indictments and trials in the middle of an election," Kemp said. "Simply put, it sows distrust and provides easy pickings for those that see the district attorney's action is guided by politics.

"But let me be clear: we have a law in the state of Georgia that clearly outlines the legal steps that can be taken if constituents believe their local prosecutors are violating their oath by engaging in unethical or illegal behavior. Up to this point, I have not seen any evidence that DA Willis' actions or lack thereof warrant action by the Prosecuting Attorneys Qualifications Commission (PAQC)—but that ultimately be a decision that the commission will make."

He also referred to a special session as being akin to "political theater that only enflames the emotions of the moment."

Clark Cunningham, a law professor at Georgia State University, told Newsweek via phone there's nothing unconstitutional with a member of the Georgia Legislature asking to have a special session.

"There's nothing unconstitutional for a member of the House of Representatives to introduce an impeachment resolution against District Attorney Willis," Cunningham said. "The Georgia Constitution is silent about the standards for impeachment, it just says it can be done.

"But I think Governor Kemp, and it is striking that he held a press conference about this, but what he's saying is, we just created a prosecuting attorneys commission. I haven't seen anything that indicates that [Willis] should be removed. But in any event that should go to the new commission."

He said that under the PAQC statute, anyone can file a complaint against the district attorney with the condition. You don't have to be someone personally affected or harmed by whatever is alleged in a complaint.

That commission can begin accepting complaints on October 1 through its two components, an investigative panel and a hearing panel.

"If [the investigative panel] determines that there's sufficient basis for possible action against a district attorney—kind of like a grand jury works—they would then refer it to three other members of the commission where a hearing panel...would probably conduct an evidentiary hearing, and they could decide at the end of that hearing that a district attorney should be removed," he said.

Four district attorneys, none of whom are Willis, filed a lawsuit challenging the commission, most recently asking for a preliminary injunction to prevent the commission from investigating until the lawsuit concludes.

Kemp's views seem to be shared by Georgia House Speaker Jon Burns, a Republican, who in a letter sent to Georgia's GOP House caucus on Wednesday cited some members of the General Assembly parroting "misleading or false claims" as a means of precedence in investigating Willis as an ongoing criminal case is taking place.

"A select few are calling to defund a duly-elected district attorney of this state and her office in an attempt to interfere with the criminal justice system," Burns' memo reads. "It is unfortunate some would knowingly suggest such a reckless course of action despite the devastating effects it would have."

He also called fellow conservatives' calls for defunding Willis' office hypocritical, as it would reduce or eliminate the number of prosecutions for "other serious offenses like murder, rape, armed robbery, gang prosecution, batter, etc." that Republicans have claimed Democrats are lax on in different districts nationwide.

Thank you, President Trump, for recognizing the patriotic service of Senator @realColtonMoore fighting for a special session to hold Fani Willis accountable! The establishment is trying to stop Senator Moore. Call your elected officials and tell them to sign his letter! pic.twitter.com/qam4N2nCop — Georgia Freedom Caucus (@FreedomCaucusGA) August 30, 2023

Moore continues to push for the special session and raise money on its behalf and that of Trump, who in video recordings has supported his efforts.

Kemp also disavowed Moore's comments about a civil war.

A spokesperson for Kemp referred Newsweek to his newly made comments made Thursday and provided no additional comment.

Newsweek reached out to Moore, Burns and the Trump campaign via email for comment.

Update 08/31/23, 2:27 p.m. ET: This story was updated with comment from Clark Cunningham.