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Former U.S. Attorney Joyce Vance warned that Fani Willis' delay in speaking out on recent allegations of an improper relationship was a "bad look" and could make her a perpetual target for Donald Trump's legal team.
Willis is the district attorney for Fulton County, the largest in Georgia, and has led the investigation into former president Trump's alleged efforts to interfere with and overturn his loss to President Joe Biden in the state's 2020 presidential race.
The investigation resulted in a criminal indictment against Trump and several other co-conspirators last year, leveling charges of racketeering, to which the former president has pleaded not guilty.
Recently, the legal team for one of the accused co-conspirators, Mike Roman, alleged that Willis had engaged in an inappropriate romantic relationship with an outside attorney brought in to take part in the Trump investigation, Nathan Wade, and that this was grounds for her to be disqualified from continuing to oversee the case.
Willis herself responded to the allegations on Friday, confirming that she did have a "personal relationship" with Wade, but stating that it developed after he was brought on to the Trump case and did not present any sort of conflict of interest. An evidentiary hearing on the matter is scheduled for February 16.
A number of expert analysts have noted that, on the legal merits, it is accurate that Willis' relationship with Wade did not present any conflict of interest, while also observing that the situation has created bad optics for the prosecution.
Writing on her Civil Discourse Substack on Sunday, Vance, a former U.S. Attorney for the Northern District of Alabama turned legal analyst, echoed these sentiments, concurring that the relationship presented no conflict, as both Wallis and Wade were on the same side of the issue, but also warning that the DA's delay in addressing the allegations created a "bad look."
"But despite the legal technicalities here, which suggest that Fulton County voters are entitled to have the case managed by the district attorney they elected, Willis' delay in responding permitted the salacious allegation to fester and be treated as though they do merit recusal," Vance wrote.
"It's a bad look for her, and I've heard more than one experienced attorney assume that the relationship is enough to disqualify her. None of this is what we expect of a prosecutor handling a case of such significance.
"Assuming Judge [Scott] McAfee permits her to remain on the case, she will be a nonstop target for the former president. Willis would do well to proceed with humility and take responsibility for making such an unnecessary misstep."
McAfee has now requested that Roman's lawyers respond to Willis' latest filing, to argue why the evidentiary hearing should still move forward.
Speaking to Newsweek about the matter, David Aronberg, a Florida state attorney and legal expert, suggested that disclosing the relationship earlier would not have averted controversy, as the mere appearance of a conflict would cause concern, even if a conflict does not exist on the merits.
"When you indict a former president, especially someone as polarizing as Donald Trump, you've got to know you'll be under a microscope and must make sure there are no vulnerabilities to exploit," Aronberg explained.
"Willis' relationship with Wade is not in itself a conflict of interest that requires recusal, but the perception of a conflict distracts from the prosecution and could delay matters. It's the relationship and the payments to Wade that have generated unneeded controversy. Disclosing the relationship would not have changed that."
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About the writer
Thomas Kika is a Newsweek weekend reporter based in upstate New York. His focus is reporting on crime and national ... Read more