ATLANTA, GEORGIA – Fulton County District Attorney Fani Willis has been allowed to remain on the case prosecuting former President Donald Trump for election racketeering, despite criticism from Fulton County Superior Judge Scott McAfee over her relationship with a special prosecutor. McAfee considered the relationship between Willis and prosecutor Nathan Wade to be a “tremendous lapse in judgment,” but did not remove Willis from the case. However, McAfee did require that Wade step down from his position.
The decision was made after allegations of conflict of interest were raised by Trump and several co-defendants. They claimed that Willis hiring Wade constituted a conflict due to their romantic involvement. McAfee found that while the appearance of a conflict could not be fully dismissed, there was no sufficient evidence to prove an actual conflict.
The judge’s ruling was significant because removing Willis from the case could have disrupted the trial. McAfee acknowledged that Willis had exhibited a significant lapse in judgment by engaging in a romantic relationship with Wade and failing to maintain clear records of their financial arrangements. The lack of clear evidence of financial impropriety made it difficult to establish an actual conflict.
Willis and Wade testified that their relationship began after she hired him and that she repaid him for their joint trips. However, Trump and his co-defendants argued that the relationship started earlier and that Willis stood to benefit financially from hiring Wade. McAfee’s ruling highlighted the possibility that the relationship could compromise the integrity of the prosecution if they continued working together.
In response to the ruling, Wade resigned from his position. McAfee offered Willis two options: to step down along with her entire office and refer the case to the Prosecuting Attorneys’ Council for reassignment, or for Wade to withdraw. Willis accepted Wade’s resignation and expressed gratitude for his dedication to the investigation and prosecution of election interference allegations.
Despite allowing Willis to remain on the case, McAfee criticized her actions and testified that her behavior during the evidentiary hearing was unprofessional. He also threatened a gag order after Willis gave a speech accusing her detractors of attacking Wade due to racial bias. McAfee considered the speech legally improper and warned of the potential for prejudicial pretrial publicity.
While McAfee ruled that the relationship between Willis and Wade did not amount to an actual conflict of interest in the Trump case, he suggested that Willis could face disciplinary action through legal boards or by voters. He also noted that other forums or authorities, such as the General Assembly, the Georgia State Ethics Commission, the State Bar of Georgia, or the Fulton County Board of Commissioners, could provide further feedback or address any lingering questions.
The ruling allows the Trump trial to proceed with Willis as the lead prosecutor, but with Wade’s departure, concerns about potential conflicts of interest have been alleviated. This decision maintains the integrity of the legal process while addressing the appearance of impropriety. The case against Trump and his co-defendants for alleged election racketeering will move forward as scheduled.