Fulton County Judge Scott McAfee has determined that Fulton County Prosecutor Fani Willis can continue working on the case involving former President Donald Trump, as long as her fellow prosecutor and ex-lover, Nathan Wade, is either removed by Willis or voluntarily resigns.
NBC News [1] reported that if Willis were to step down from the case, it would come to a halt. On the other hand, if Wade were to leave, the case could move forward without any further delay.
Judge McAfee concluded that the relationship between the two former lovers only gave the appearance of impropriety, which would require Willis to leave her position if Wade remains involved in the case.
McAfee highlighted, “[T]he prosecution is encumbered by an appearance of impropriety. 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. As long as Wade remains on the case, this unnecessary perception will persist.”
However, the judge ruled that the relationship between Willis and Wade did not create an actual conflict that would necessitate Willis’s removal from the case.
[2]
The judge stated, “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.”
McAfee clarified that his ruling did not indicate approval of their behavior or the unprofessional manner displayed by the District Attorney during the evidentiary hearing. He emphasized that Georgia law does not permit finding an actual conflict simply based on making poor choices, even if they are repeated.
The case, titled Georgia v. Trump, No. 23SC188947, is being heard in the Superior Court of Fulton County, Georgia.
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