In a pivotal ruling on Friday, a Georgia judge has cleared the way for Fulton County District Attorney Fani Willis to remain at the helm of the high-profile election interference case against former President Donald Trump and his allies.
However, Willis has been compelled to accept the resignation of her special prosecutor, Nathan Wade, due to concerns over the appearance of a conflict of interest stemming from their personal relationship.
The decision by Fulton Superior Court Judge Scott McAfee follows weeks of intense legal wrangling and dramatic courtroom testimony regarding the DA’s romantic ties with Wade, whom she had appointed as the lead prosecutor in the Trump case. While acknowledging the potential for perceived impropriety, the judge ultimately determined that Fani Willis’ conduct did not necessitate her disqualification from the politically charged case.
In his 23-page ruling, Scott McAfee wrote:
“An outsider could reasonably think that the District Attorney is not exercising her independent professional judgment totally free of any compromising influences. As the District Attorney testified, her relationship with Wade has only ‘cemented’ after these motions and ‘is stronger than ever’. As long as Wade remains on the case, this unnecessary perception will persist As long as Wade remains on the case, this unnecessary perception will persist.”
By accepting Wade’s resignation, Willis has effectively defused the conflict of interest concerns, bolstering the chances that the high-stakes case against Trump and 14 co-defendants will proceed to trial.
The defendants stand accused of attempting to overturn Georgia’s 2020 election results through various means, including pressuring state officials, submitting false elector slates, and attempting to tamper with voting equipment.
While McAfee condemned Fani Willis’ “tremendous lapse in judgment” and her conduct during last month’s evidentiary hearing, he concluded that disqualifying the elected district attorney would be an excessive measure when a “less drastic and sufficiently remedial option” was available.
