Judge rules Fulton DA Willis can stay — if Wade steps aside

Travis Yoesting

March 15

Bill Rankin, Tamar Hallerman and David Wickert | The Atlanta Journal-Constitution (TNS)

Fulton County District Attorney Fani Willis must either step aside or cut ties with her special prosecutor before the election interference case against Donald Trump can move forward, a judge ruled Friday.

In a much-anticipated decision, Superior Court Judge Scott McAfee said Willis must choose one of the two options to cure an appearance of impropriety fueled by her romantic relationship with lead prosecutor Nathan Wade, who has billed more than $728,000 in legal fees to county taxpayers and helped pay for trips he took with the district attorney.

"Whether this case ends in convictions, acquittals or something in between, the result should be one that instills confidence in the process," McAfee wrote. "... Any distractions that detract from these goals, if remedial under the law, should be proportionally addressed."

'Tremendous lapse in judgment'

In a 23-page order, McAfee said he by no means condones Willis' "tremendous lapse in judgment" for having the relationship with Wade and said that Willis behaved in an "unprofessional manner" when she testified at an evidentiary hearing in mid-February.

But McAfee said defense attorneys had failed to prove Willis had an actual conflict of interest through her relationship and travels with Wade. A finding to the contrary would have required McAfee to disqualify Willis and her office from the case.

McAfee also denied defense requests to dismiss the indictment in its entirety.

If Wade withdraws, McAfee wrote, it will allow Willis, the defendants and the public "to move forward without his presence or remuneration distracting from and potentially compromising the merits of this case."

If Willis were to make the highly unexpected decision to recuse herself and her office, the case would go to the Prosecuting Attorneys Council of Georgia to be reassigned to a new prosecutor.

Both sides could also try to appeal McAfee's ruling to the state Court of Appeals.

Willis denied wrongdoing

The allegations were first lodged in a motion filed Jan. 8 by attorney Ashleigh Merchant, who represents Michael Roman, a defendant in the case. The motion led to several days of testimony in mid-February, during which both Wade and Willis took the stand. They both denied any wrongdoing and maintained their romantic relationship began months after Willis appointed Wade as special prosecutor in November 2021 – a claim several defense attorneys called a lie.

The allegations had cast uncertainty on the Georgia case, one of four criminal prosecutions Trump is facing even as the Republican makes another bid for the White House.

The motion and its fallout quickly overshadowed the racketeering case, in which Roman, former President Donald Trump and 13 others still face felony criminal charges. Not only did it raise questions about Willis' judgment, but it also prompted an extended back-and-forth about whether Willis and Wade told the truth about the start date of their relationship under oath.

If Willis continues to prosecute the case – without Wade – critics are certain to continue use the allegations lodged by a number of defendants' attorneys to pummel the DA on the campaign trail and undermine the case moving forward. During a rally on Saturday in northwest Georgia, Trump mocked the prosecutors.

"Corrupt Fani Willis hired her lover Nathan Wade so they could fraudulently make money together," Trump said. "'Let's see, darling, who can we go after?'"