Fani Willis Can Continue Case Against Trump With Single Condition, Judge Rules
ATLANTA — Fulton County District Attorney Fani Willis can continue to pursue an election interference case against former President Donald Trump and several others — as long as the prosecutor with whom she had a romantic relationship steps aside, a judge in Georgia ruled on Friday.
In his much anticipated ruling, Fulton County Superior Court Judge Scott McAfee ruled that Willis’ brief romantic relationship with special prosecutor Nathan Wade created at least an appearance of a conflict of interest in the high-profile racketeering case.
“The established record now highlights a significant appearance of impropriety that infects the current structure of the prosecution team — an appearance that must be removed through the state’s selection of one of two options,” McAfee wrote.
The options are that either “the district attorney may choose to step aside, along with the whole of her office” or “Wade can withdraw” which would allow the prosecution to continue.
McAfee’s ruling came two days after he tossed six charges in the case against Trump and his 14 co-defendants, including one related to a call Trump made to pressure Georgia’s secretary of state in early January 2021.
However, he left intact the rest of the racketeering indictment, which initially included 41 counts.
In Friday’s 23-page ruling, McAfee found that no “actual” conflict of interest occurred as a result of the Willis/Wade relationship.
“Without sufficient evidence that the district attorney acquired a personal stake in the prosecution, or that her financial arrangements had any impact on the case, the defendants’ claims of an actual conflict must be denied,” he wrote.
“This finding is by no means an indication that the court condones this tremendous lapse in judgment or the unprofessional manner of the district attorney’s testimony during the evidentiary hearing,” McAfee continued.
“Rather, it is the undersigned’s opinion that Georgia law does not permit the finding of an actual conflict for simply making bad choices — even repeatedly — and it is the trial court’s duty to confine itself to the relevant issues and applicable law properly brought before it,” he said.
McAfee also acknowledged that despite his ruling, Willis has come out of the weeks of hearings on the alleged conflict of interest with a damaged reputation that could influence the deliberations of a future jury.
“As the case moves forward, reasonable members of the public could easily be left to wonder whether the financial exchanges have continued resulting in some form of benefit to the district attorney, or even whether the romantic relationship has resumed,” he wrote.
He added: “As long as Wade remains on the case, this unnecessary perception will persist.”
Friday’s ruling stems from a motion filed by former Trump campaign staffer Michael Roman who argued Willis should be disqualified and the criminal case dismissed because of what he called her “improper” romantic relationship with Wade.
Among other things, Roman claimed Willis flaunted the rules to appoint Wade, and that she benefited financially from his appointment, which has earned his office over $600,000.
During the two weeks of testimony which began on March 1, both Willis and Wade acknowledged the relationship, but maintained it began after he was appointed special counsel in November 2021, not before as asserted by the Trump team, and has long since ended.
In a written statement sent out by the Trump Campaign, Steve Sadow, lead defense council for the former president said while he respected the Court’s decision, he believes that the Court did not afford appropriate significance to the prosecutorial misconduct of Willis and Wade.
This conduct, he said, includes “the financial benefits, testifying untruthfully about when their personal relationship began, as well as Willis’ extrajudicial MLK ‘church speech,’ where she played the race card and falsely accused the defendants and their counsel of racism.
“We will use all legal options available as we continue to fight to end this case, which should never have been brought in the first place,” Sadow added.
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On Friday afternoon, Nathan Wade resigned from his role in the investigation of former President Donald Trump. Wade’s resignation will allow Fulton County District Attorney Fani Willis to keep pursuing the case against Trump and several of his allies in the wake of Friday morning's ruling from Judge Scott McAfee. In accepting Wade’s resignation Willis wrote, “I compliment you for the professionalism and dignity you have shown over the last 865 days, as you have endured threats against you and your family, as well as unjustified attacks in the media and in court on your reputation as a lawyer.”
