A Georgia judge on Friday ruled that Fulton County District Attorney Fani Willis (D), or a prosecutor with whom she had a romantic relationship, will not be allowed to proceed with her office’s election interference lawsuit against former President Trump and his allies. The court ruled that he must resign.
Judge Scott McAfee ruled that a former romantic relationship between Willis and special counsel Nathan Wade constituted a conflict of interest in the extortion case, and that even though Wade resigned, the district attorney would continue to work with Trump. He said he could be prosecuted.
“[T]The record he has established highlights serious irregularities that affect the current structure of the prosecution team. Such behavior must be eliminated by the state choosing his one of her two options. Accordingly, Defendants’ motion is partially granted,” McAfee wrote in his 23-page decision.
The prosecution of Mr. Trump was sidetracked by the investigation into the relationship between Mr. Willis and Mr. Wade. During more than three days of hearings, the defense sought to prove that Willis benefited from Trump’s appointment by hiring his girlfriend to prosecute him and then traveling with him. Ta.
The judge’s decision will be the middle ground between the two sides. Mr. Trump and his eight co-defendants argued that the relationship meant the entire district attorney’s office should be thrown out of the case, which would throw prosecutors into chaos. Prosecutors said calls for his resignation were unfounded.
The McAfee ruling alleges that Willis engaged in a months-long criminal conspiracy to overturn Joe Biden’s 2020 victory in the state, and charges Trump and his allies with racketeering and other charges. This provides a pathway to continue prosecuting historic election interference cases.
But for this to happen, the once romantic partner must leave.
“As the case progresses, a reasonable citizen would wonder if the financial exchange continued to benefit the district attorney in some way, or even if the romantic relationship was rekindled,” McAfee said. “You will be left wondering,” he wrote.
“Put another way, an outsider could reasonably think that the district attorney is not exercising independent professional judgment without any compromising influence. Wade remains in charge of the case. This unnecessary perception will remain for as long as possible.”
The romance was first revealed in court documents filed in January by Ashley Merchant, an attorney representing one of the former president’s co-defendants and Trump 2020 campaign worker Michael Roman.
The defense sought to prove that Mr. Willis had an actual conflict of interest, saying that Mr. Willis hired his girlfriend to prosecute Mr. Trump and that he used Mr. Wade’s compensation to pay for lavish vacations they took together. He claimed to have received benefits.
Steve Sadow, Trump’s lead attorney in Georgia, said Trump’s team will utilize “all available legal options as we continue our fight to end this case.”
“While respecting the court’s decision, the court concluded that Willis and Wade’s prosecutorial misconduct, including their financial interests, their false testimony about when their personal relationship began, and Willis’ extrajudicial M.L.K. “We believe that she did not give it the proper weight it deserved, including her speech at church.” “So she played the race card and falsely accused the defendant and his attorney of racism,” Sadow said in a statement. .
The two claimed throughout the proceedings that they began dating in early 2022 after a special prosecutor was hired on the case. Both men took the stand at recent hearings and argued that payments are typically split in cash.
“The evidence presented, including that of the District Attorney and Wade, did not address these concerns,” McAfee wrote.
The Hill has reached out to the District Attorney’s Office for comment.
But the judge said he did not believe key witnesses called by the defense to prove the disputed charges were reliable.
McAfee said he could not “add any weight” to the testimony of Terrence Bradley, Wade’s former divorce attorney and law partner. Mr. Bradley sent text messages suggesting the relationship began earlier than prosecutors claim. Bradley argued that the text was speculative and not based on actual facts.
“His inconsistency, demeanor, and generally unresponsive responses provide far too weak a foundation on which to base conclusions,” McAfee wrote. “Although prior inconsistent statements may be considered substantive evidence under Georgia law, Bradley’s impeachment by text message shows that he had such extensive knowledge of Wade’s personal circumstances. There was no established basis for the claim.”
McAfee said he also reviewed Wade’s cell phone data submitted by Trump’s lawyers, suggesting the data showed prosecutors visited Willis’ residence dozens of times before he was hired. did. Prosecutors said the analysis was unreliable and some could be disproved.
“Even considering all of the cell phone testimony and other evidence provided by the Trump defendant, the preponderance of the evidence makes it difficult to conclusively establish when the relationship developed into a romantic relationship,” McAfee said. The court ruled that neither party could do so.
Trump and most of his other co-defendants have pleaded not guilty to the charges. McAfee’s ruling allows the case to proceed with either Willis or Wade standing aside.
A trial date has not yet been set, and the defendants are pending various motions to dismiss the charges.
Updated at 9:45 a.m. ET
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