Judge Gives Fani Willis a Choice for Trump Case After 'Bad Choices'

Fulton County District Attorney Fani Willis will be forced to choose between staying on the Georgia case against Donald Trump or keeping her boyfriend, Nathan Wade, on the prosecution's team.

On Friday, Judge Scott McAfee issued his long-awaited decision on whether Willis should be disqualified, granting in part and denying in part the motion to have the DA removed from the state's election interference case against Trump and 18 co-defendants.

McAfee said Willis and her office must either step aside and let another DA take over the case she brought against Trump or lead prosecutor Nathan Wade, who is in a personal relationship with Willis, will have to withdraw.

"This finding is by no means an indication that the Court condones this tremendous lapse in judgement or the unprofessional manner of the District Attorney's testimony during the evidentiary hearing," the Fulton County Superior Court judge wrote.

"Rather, it is the undersigned's opinion that Georgia law does not permit the finding of an actual conflict for simply making bad choices—even repeatedly—and it is the trial court's duty to confine itself to the relevant issues and applicable law properly brought before it," McAfee added.

Newsweek reached out by email to Willis' office for comment on the judge's decision.

Former federal prosecutor and elected state attorney Michael McAuliffe told Newsweek: "Judge McAfee's order does reflect his disapproval of Fani Willis' actions––both in the muddy financial waters swirling around her personal relationship with Wade and her testimony during the evidentiary hearing––and that such actions did put the case at risk."

He continued, "However, in the end, the ruling provides an off-ramp for the conflict issue if Nathan Wade resigns or is terminated. While that is, or should be, an embarrassment to Fani Willis, it doesn't provide a dismissal or a disqualification that the defendants desperately wanted."

McAfee said Friday that he did not find any evidence of an actual conflict of interest but that the "prosecution is encumbered by an appearance of impropriety." The judge wrote that "as long as Wade remains on the case, this unnecessary perception will persist."

"Whether this case ends in convictions, acquittals, or something in between, the result should be one that instills confidence in the process," the judge continued. "A reasonable observer unburdened by partisan blinders should believe the law was impartially applied, that those accused of crimes had a fair opportunity to present their defenses, and that any verdict was based on our criminal justice system's best efforts at ascertaining the truth."

McAfee continued, "Any distractions that detract from these goals, if remedial under the law, should be proportionally addressed."

Legal experts said Wade should have resigned from his role when the motion to disqualify Willis was first filed by the defense.

"There is no question that the admitted relationship between Nathan Wade and Fani Willis created an appearance of impropriety in this case, and that must be avoided at all costs," Atlanta-based defense attorney Noah Pines told Newsweek.

"Prosecutors must act beyond the minimal ethical and professional requirements for lawyers, and this entire issue could have been avoided if Nathan Wade would have resigned once the defense filed the motion to disqualify," Pine said.

According to McAuliffe, "If the court's order now forces the choice to be made, that, in the end, likely reaches the correct outcome. Notably, it doesn't result in any real gain for the defendants except for the time and attention the motion to disqualify took to address and resolve."

Update 3/15/24, 9:25 and 9:52 a.m. ET: This story was updated with additional information and background.

Update 3/15/24, 10:24 a.m. ET: This story was updated with comments from defense attorney Noah Pines.