Fani Willis can stay on Trump Georgia case if prosecutor leaves, judge rules

Mar 15

Karah Rucker Anchor/Reporter

By Karah Rucker (Anchor/Reporter), Brock Koller (Senior Producer), Ian Kennedy (Video Editor)

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Fulton County District Attorney Fani Willis can remain on the election interference case in Georgia against former President Donald Trump and his 14 co-defendants, but it comes with a catch. Willis can stay only if the special prosecutor she hired steps aside.

Judge Scott McAfee made the ruling on Friday, March 15, after several defendants called for Willis to be disqualified from the case, accusing her of misconduct and claiming she benefited financially from a romantic relationship with the prosecutor, Nathan Wade.

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Both Willis and Wade testified last month, defending their past relationship. They argued there was no conflict of interest.

In his 23-page decision, McAfee did not disqualify Willis, rather he ruled either she or Wade must step down for the case to continue. The judge said the relationship created an “appearance of impropriety that infects the current structure of the prosecution team” and called Willis and Wades’ actions a “tremendous lapse in judgment.”

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.
Judge Scott McAfee

McAfee offered two options for the case to continue.

The first option calls for the district attorney to step aside, along with her office. The case would then be referred to the Prosecuting Attorney’s Council of Georgia to be reassigned. The second option would see Wade withdrawing, allowing the case to go forward without interruption.

Trump’s lead attorney in the case, Steve Sadow, said his team will continue to use all legal options to fight the case, which could mean an appeal of the judge’s decision. Trump has pleaded not guilty to all charges.

Comment of Steve Sadow, lead defense counsel for President Trump in the Fulton County, GA case, on the Court's disqualification ruling:

"While respecting the Court’s decision, we believe that the it did not afford appropriate significance to the prosecutorial misconduct of…
— Steve Sadow (@stevesadow) March 15, 2024

On Wednesday, March 13, McAfee dismissed six counts in the case, including three against Trump which charged the defendants with soliciting public officials to violate their oaths of office. The judge left the rest of the racketeering indictment intact.

Tags: 2020 elections, Donald Trump, Fani Willis, Georgia, Racketeering

[KARAH RUCKER]

FULTON COUNTY DISTRICT ATTORNEY FANI WILLIS CAN REMAIN ON THE ELECTION INTERFERENCE CASE AGAINST FORMER PRESIDENT DONALD TRUMP AND HIS 14 CO-DEFENDANTS – BUT ONLY IF THE SPECIAL PROSECUTOR SHE HIRED STEPS ASIDE.

JUDGE SCOTT MCAFEE MAKING THE RULING FRIDAY – AFTER SEVERAL DEFENDANTS CALLED FOR WILLIS TO BE DISQUALIFIED FROM THE CASE — ACCUSING HER OF MISCONDUCT—CLAIMING SHE BENEFITED FINANCIALLY FROM A ROMANTIC RELATIONSHIP WITH THE PROSECUTOR, NATHAN WADE.

BOTH WILLIS AND WADE TESTIFIED LAST MONTH – DEFENDING THEIR PAST RELATIONSHIP – SAYING THERE WAS NO CONFLICT OF INTEREST.

IN HIS 23-PAGE DECISION – MCAFEE DID NOT DISQUALIFY WILLIS – BUT RULED EITHER SHE OR WADE MUST STEP DOWN FOR THE CASE TO CONTINUE.

THE JUDGE SAYING THE RELATIONSHIP CREATED A QUOTE “APPEARANCE OF IMPROPRIETY THAT INFECTS THE CURRENT STRUCTURE OF THE PROSECUTION TEAM” AND CALLED WILLIS’ AND WADES’ ACTIONS A “TREMENDOUS LAPSE IN JUDGMENT.”

MCAFEE OFFERING TWO OPTIONS. THE DISTRICT ATTORNEY STEPPING ASIDE, ALONG WITH HER OFFICE, AND THE CASE BEING REFERRED TO THE PROSECUTING ATTORNEY’S COUNCIL OF GEORGIA TO BE REASSIGNED.

OR WADE WITHDRAWING, ALLOWING THE CASE TO GO FORWARD WITHOUT INTERRUPTION.

IN RESPONSE TO THE JUDGE’S DECISION – TRUMP’S LEAD ATTORNEY SAYS HIS TEAM WILL CONTINUE TO USE ALL LEGAL OPTIONS TO FIGHT THE CASE – WHICH COULD MEAN AN APPEAL OF THE JUDGE’S DECISION. TRUMP HAS PLEADED NOT GUILTY TO ALL CHARGES.

EARLIER IN THE WEEK – THE JUDGE DISMISSED SIX COUNTS IN THE CASE INCLUDING THREE AGAINST TRUMP WHICH CHARGED THE DEFENDANTS WITH SOLICITING PUBLIC OFFICIALS TO VIOLATE THEIR OATHS OF OFFICE. HE DID LEAVE THE REST OF THE RACKETEERING INDICTMENT INTACT.