A judge declined Friday to disqualify Fulton County District Attorney Fani Willis Friday from the case against former President Donald Trump.
Judge Scott McAfee found that the defendants had “failed to meet their burden of proving that the District Attorney acquired an actual conflict of interest in this case through her personal relationship and recurring travels with her lead prosecutor.” However, he said that the record “highlights a significant appearance of impropriety that infects the current structure of the prosecution team,” stating that Nathan Wade must either withdraw or Willis and her whole office can choose to step aside to solve the problem.
McAfee wrote that disqualifiying Willis was not necessary “when a less drastic and sufficiently remedial option is available.”
“The Court therefore concludes that the prosecution of this case cannot proceed until the State selects one of two options,” he wrote. “The District Attorney may choose to step aside, along with the whole of her office, and refer the prosecution to the Prosecuting Attorneys’ Council for reassignment. See O.C.G.A. § 15-18-5. Alternatively, SADA Wade can withdraw, allowing the District Attorney, the Defendants, and the public to move forward without his presence or remuneration distracting from and potentially compromising the merits of this case.”
Trump co-defendant Michael Roman alleged in a Jan. 8 motion that Willis financially benifited from awarding her romantic partner Nathan Wade a lucrative contract to work as special prosecutor on the case when he took her on vacations using money earned from his position.
Willis and Wade both denied the relationship began before he was hired, though a long-time friend of Willis testified that it began in 2019. They claimed the expenses were split roughly equally, with Willis paying him back in cash.
Texts revealed Terrence Bradley, former law partner of Nathan Wade who said on the witness stand that he “could not recall” details about their relationship, shared many of the same details with defense attorney Ashleigh Merchant, even suggesting witnesses she could subpoena to confirm them.
McAfee issued a ruling Wednesday dismissing six of the counts in the indictment that did not offer defendants “enough information to prepare their defenses intelligently.”
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