Judges says Fulton County DA Fani Willis case against Trump can continue

Fulton County Superior Court Judge Scott McAfee ruled on Friday that Fulton County District Attorney Fani Willis should not be disqualified from prosecuting the racketeering case against former President Donald Trump and several co-defendants. Judge McAfee said that the Defense Attorneys for Trump and others failed to meet their burden of proof in the case.

However, McAfee imposed a major condition due to the “appearance of impropriety” resulting from Willis’ romantic relationship with special prosecutor Nathan Wade. McAfee stated that either Willis and her office or Wade should leave the case.

Following the ruling, Willis’ office confirmed that Wade had resigned, and Willis had accepted his resignation. Wade cited his resignation as being in the interest of democracy and to expedite the case. 

Meanwhile, Trump attorney Steve Sadow acknowledged the court’s decision but criticized what he perceived as prosecutorial misconduct by Willis and Wade, vowing to continue fighting the case.

Although McAfee found no “actual conflict” due to the relationship, he acknowledged an “appearance of impropriety” and expressed skepticism about Willis and Wade’s claims that they began dating after Wade’s appointment as well as concerns about the potential financial and personal implications of their relationship.

McAfee’s decision is a partial victory for Willis and leaves open the possibility of the Trump case proceeding before the 2024 presidential election. Had Willis been disqualified outright, the case would have needed a new prosecutor to catch up on the extensive work Willis had done over the past two years.

The ruling followed a motion filed by a co-defendant in the case, Michael Roman, alleging an improper relationship between Willis and Wade. While the court did not disqualify Willis entirely, it acknowledged the concerns raised by Roman’s filing and warned of disqualification if evidence of an actual conflict emerged.