Georgia Judge Scott McAfee refused Friday to disqualify Fulton County District Attorney Fani Willis from her election interference case against Donald Trump, and said the trial can proceed as soon as Willis cuts ties with her special prosecutor.
Willis has been accused of an improper relationship with special prosecutor Nathan Wade, who has billed her office—and thus county taxpayers—for more than $728,000 in legal fees. McAfee said Willis must resolve the appearance of impropriety by either recusing herself or removing Wade from the case.
“The Court finds that the Defendants 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,” McAfee wrote in the ruling. “The other alleged grounds for disqualification, including forensic misconduct, are also denied. However, the established record now highlights a significant appearance of impropriety that infects the current structure of the prosecution team—an appearance that must be removed through the State’s selection of one of two options.”
McAfee chastised Willis for what he described as a “tremendous lapse in judgment” and suggested he was open to issuing a gag order against her and her team, preventing her from discussing Trump’s case in public.
While the ruling is a win for Willis, it still partly benefits Trump. Trump’s strategy has been to delay every single one of his legal battles as long as possible, in the hopes that he is reelected in November and can use his newfound presidential powers to shield himself from prosecution. The arguments for and against Willis, and now the decision she must make, have dragged out proceedings in the Georgia case, possibly delaying Trump’s day in court.
Trump and several of his co-defendants in their Georgia election interference case accused Willis of an improper relationship with special prosecutor Nathan Wade. Trump’s team says that Willis and Wade began dating in 2019, while the couple says they didn’t start seeing each other until 2022, after Willis hired Wade for the Georgia case.
Trump’s lawyers argued the romantic relationship provides a legal basis to disqualify Willis and throw out her case against Trump entirely. Trump’s legal team alleged that Willis and Wade had an “improper intimate personal relationship,” and accused the couple of taking extravagant vacations that Wade paid for in part by billing Willis’s office.
Willis denied the allegations. She says the relationship began in 2022, after Willis joined the case, and that they each paid their own share of the vacation bill. But the most important thing to remember, Willis has stressed, is that Trump and his co-defendants are currently on trial for “trying to steal an election.”
McAfee sided with Willis, particularly after Team Trump’s case fell apart in late February. Lawyers Ashleigh Merchant and Steve Sadow questioned Terrence Bradley to try to establish a timeline of the couple’s relationship. Bradley is Wade’s former law partner and divorce attorney, and was meant to be a key witness in the case against Willis.
On the stand, Bradley repeatedly stated that he didn’t know a thing, including when Wade and Willis actually began dating, how the relationship began, and the trips they took together. Bradley repeated that he had only been speculating so many times that many people on social media began to point out that he seemed more like an office gossip than a credible witness.
