A Georgia judge has finally made a decision regarding the prosecution of the racketeering case involving former President Donald Trump and several co-defendants. Fulton County District Attorney Fani Willis has been allowed to continue with the case, under the condition that special prosecutor Nathan Wade steps down.
The ruling by Fulton County Superior Court Judge Scott McAfee was based on the “appearance of impropriety” arising from Willis’ romantic relationship with Nathan Wade. The judge stated that either Willis or Wade should withdraw from the case to address this issue. However, removing Willis would halt the case, while Wade’s departure would allow the proceedings to move forward without delay.
Judge McAfee clarified that there was no “actual conflict” caused by the relationship, which would have necessitated Willis’ disqualification. He emphasized that the law does not permit disqualification based solely on poor judgment or unprofessional behavior, as long as there is no personal stake or financial impact on the case. As we previously reported, former Trump White House and campaign staffer Michael Roman, was the one who filed a motion for Willis to be disqualified and the criminal case to be dismissed because of her allegedly “improper” personal relationship with Wade. Roman alleged Willis skirted the rules to appoint Wade, and that she benefited financially from his appointment, which has reportedly earned his office over $600,000. However, the judge wrote, “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…
He continued,
“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. 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 added.
This ruling represents a partial victory for Willis and leaves open the possibility of the case proceeding before the 2024 presidential election. Disqualifying Willis would have required a new prosecutor to familiarize themselves with a case that she had spent over two years building.
The judge’s ruling allows for the continuation of the case under the condition that Nathan Wade steps down, addressing concerns of impropriety and ensuring the case progresses without further delay.
Wade who has acknowledged they’d been in a relationship, but maintained it began after he was appointed special counsel in November 2021, not before — has yet to release a statement.