By KATE BRUMBACK (Associated Press)
ATLANTA (AP) — The judge overseeing the case ruled that Fulton County District Attorney Fani Willis must step aside from the prosecution against Donald Trump due to her previous romantic relationship with special prosecutor Nathan Wade, unless she removes him.
Fulton County Superior Court Judge Scott McAfee concluded that Willis’ relationship with special prosecutor Nathan Wade created an appearance of impropriety, which affected the prosecution team, although he did not find it to be a conflict of interest.
The judge stated that the relationship could lead the public to question if there were continued financial exchanges or benefits to the District Attorney, and whether the romantic relationship had resumed, creating an unnecessary perception that could persist as long as Wade remains on the case.
In other words, outsiders might reasonably think that the District Attorney's professional judgment is being compromised. This perception will persist as long as Wade is involved in the case.
At a hearing last month, Willis and Wade admitted to being in a romantic relationship but denied any improper benefits. This was in response to allegations by lawyers for Trump and some co-defendants.
McAfee stated that there was insufficient evidence of personal interest by Willis in the prosecution and that his finding did not condone the District Attorney's actions and unprofessional testimony during the evidentiary hearing.
The judge believes that Georgia law does not allow for finding an actual conflict solely based on bad choices, and it is the trial court’s duty to focus on relevant issues and applicable law.
An attorney for co-defendant Michael Roman asked McAfee to dismiss the indictment and prevent Willis and Wade from continuing to prosecute the case, alleging that Willis paid Wade large sums for his work and then improperly benefited from the case when Wade used his earnings to pay for vacations for both of them.
Willis insisted that the relationship created no financial or personal conflict of interest that justified removing her office from the case. She and Wade testified that their relationship started in spring 2022 and ended in summer 2023. They claimed that Willis either paid for expenses herself or used cash to reimburse Wade for travel costs.
The indictment charges Trump and other defendants with violating Georgia’s Racketeer Influenced and Corrupt Organizations Act, using a statute normally associated with mobsters to accuse them of a “criminal enterprise” to keep Trump in power after he lost the 2020 election to Democrat Joe Biden.
Trump, the expected Republican candidate for the 2024 presidential election, has stated that he did not do anything wrong and entered a plea of not guilty.
