ATLANTA — The Fulton County judge weighing whether to disqualify District Attorney Fani Willis from the Georgia’s 2020 election interference case has issued a ruling, offering Willis two pathways forward.
In the ruling, Judge Scott McAfee did not find that Willis' relationship with special prosecutor Nathan Wade amounted to a conflict of interest that should disqualify her from the case, writing in the ruling that "there has not been a showing that the Defendants' due process rights have been violated or that the issues involved prejudiced the Defendants in any way." However, he said, the allegations created an “appearance of impropriety” that "infected" the prosecution team. He wrote that the relationship was a “tremendous” lapse in judgment and admonished the “unprofessional manner of the District Attorney’s testimony." Read the full ruling now.
McAfee, therefore, offered Willis two choices: that she choose to step aside, along with the entire District Attorneys office and refer the case to the Prosecuting Attorney's Council for reassignment, or Special Prosecutor Nathan Wade can withdraw, "allowing the D.A., the Defendants, and the public to move forward without his presence."
In a development Friday afternoon, Special Prosecutor Nathan Wade stepped down from the 2020 election interference case, tendering his resignation in a letter to D.A. Willis, effectively allowing her to remain on the case.
Response from the defense
In a statement after the ruling was issued, Steve Sadow, lead counsel for President Trump, said while he respected the court's decision, he believed the judge did not "afford appropriate significance" to the alleged misconduct of Willis and Wade.
"We will use all legal options available as we continue to fight to end this case, which should never have been brought in the first place," Sadow said.
Meanwhile, Ashleigh Merchant, attorney for defendant Michael Roman and the prosecutor who filed the motion for disqualification, wrote in a text that while she still believes that Willis' office should be disqualified, the ruling was "vindication."
"The judge clearly agreed with the defense that the actions of Willis are a result of her poor judgement and that there is a risk to the future of this case if she doesn't quickly work to cure her conflict," she wrote. "While we do not agree that the courts suggested cure is adequate in response to the egregious conduct by the district attorney, we look forward to the district attorneys response to the demands by the court. We will continue to fight for our client."
More on the disqualification saga
The ruling provides an answer to a controversy that has embroiled the district attorney and her office for more than two months.
In January, an attorney representing one of the defendants in the case filed a motion asking the judge to disqualify the D.A. and Special Prosecutor Nathan Wade, accusing the pair of improperly financially benefitting from a romantic relationship they shared. Other defendants soon joined the effort to remove her from the case. Willis and Wade denied the allegations.
Wade had been appointed by Willis to lead the team of prosecutors pursuing a criminal case against former president Donald Trump and eighteen others accused in an August 2023 RICO indictment of unlawfully interfering in Georgia’s 2020 election.
Wade’s appointment to the role of special prosecutor generated hundreds of thousands of dollars in revenue for his law firm, public records revealed.
Defense attorneys sought to establish that the pair were romantically involved at the time of the appointment and that Wade used some of the money he earned as special prosecutor to pay for vacations for the pair.
The prosecutors admitted that they shared a romantic relationship in the past, but denied that anything improper occurred.
Willis testified that she repaid Wade for the costs of their travels in cash. “I don’t need anybody to foot my bills,” said Willis at a February hearing. "The only man who’s ever foot my bills completely is my daddy.”
She and Wade also asserted, in sworn statements, that their romantic relationship did not begin until 2022—after Wade had been appointed as special prosecutor.
And in court filings, lawyers representing the D.A.’s office repeatedly disputed the defense team’s accusations.
“The record before the Court falls far short of requiring disqualification,” wrote prosecutors in a February court filing.
Judge McAfee’s decision Friday resolves the months-long dispute. But it may not be the final word on the issue. Legal experts say an appeal could be likely—though the timing of any potential appeal is not yet known.
Material from the Associated Press contributed to this report.
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