On Friday, a ruling by a Fulton County judge permitted District Attorney Fani Willis and her team to continue handling the 2020 election case involving former President Donald Trump and his associates, provided that Nathan Wade, the special prosecutor involved in a romantic relationship with Willis, steps down.
In a 23-page decision from Superior Court Judge Scott McAfee, it was determined that “the prosecution of this case cannot proceed until the state selects one of two options.” The first option allows the district attorney to recuse herself and her entire office, referring the case to the Prosecuting Attorneys’ Council for reassignment. Alternatively, Wade can withdraw, enabling the district attorney, defendants, and the public to proceed without his involvement, which could potentially compromise the case’s integrity.
The motion to disqualify Willis and Wade stemmed from an allegation by Michael Roman, a long-standing GOP operative and one of Trump’s co-defendants, asserting a romantic relationship between the two that could have improperly influenced the case. While Willis confirmed their romantic involvement, she vehemently contested claims that it began prior to Wade’s hiring in November 2021. This allegation led to days of heated testimony, including Willis defending herself on the stand.
Judge McAfee’s decision permits Willis and her office to continue prosecution, contingent upon Wade’s withdrawal. However, he criticized Willis for a “tremendous lapse in judgment.”
While McAfee acknowledged the criticism, he stated that Georgia law does not establish an actual conflict based solely on poor decisions. He emphasized the importance of focusing on relevant legal issues. McAfee suggested that other authorities, such as the State Bar of Georgia or Fulton County voters, might provide additional feedback on lingering questions.
The effort to remove Willis and her office from the case began in January when Roman alleged a personal relationship between Willis and Wade, suggesting financial benefits. Roman’s attorneys claimed that the relationship began before Wade’s appointment as special prosecutor and highlighted trips they took together, financed by Wade’s income from Fulton County work. They argued that this relationship posed a conflict of interest, calling for Willis and her office’s disqualification and the dismissal of charges.
Willis and Wade admitted to a romantic relationship starting in early 2022, refuting claims of impropriety. Testimony during hearings focused on the timeline of their relationship, with conflicting accounts presented.
Despite allegations of financial benefits, both Willis and Wade insisted on equitable sharing of expenses during their travels. Willis testified that she often reimbursed Wade in cash, following financial advice from her father.
The case also involved testimonies from Willis’ father and former Georgia Gov. Roy Barnes. Adam Abbate, from Willis’ office, asserted that there was no evidence of Willis benefiting from the case against Trump.
