Fulton County District Attorney Fani Willis enters a press conference at Fulton County Government Center in Atlanta on Monday, August 14, 2023, following the indictment in an election interference case against former President Donald Trump and others. (Arvin Temkar / arvin.temkar@ajc.com)
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Judge Allows Fulton DA Fani Willis to Remain on Trump Case, Conditioned on Nathan Wade’s Recusal

**A Serious Misstep**

In a detailed 23-page document, McAfee expressed his disapproval of Willis’ significant error in judgment. This was in relation to her involvement with Wade, who accumulated over $728,000 in legal charges. These funds were partly used to finance vacations and cruises they enjoyed together in 2022 and 2023.

Despite this, the judge concluded that the defense could not prove that Willis’ personal and travel engagements with her leading prosecutor resulted in a genuine conflict of interest in the case. Had McAfee decided otherwise, it would have necessitated the removal of Willis and her team from the proceedings.

However, McAfee did point out that the situation as it stands casts a shadow of impropriety over the prosecution team. This issue, he noted, needs addressing through one of two proposed solutions.

Should Wade step down, McAfee believes it would alleviate distractions and potential biases in the case, allowing all parties and the public to focus on the merits of the situation.

**Explosive Claims**

The accusations came to light in a motion on January 8, initiated by attorney Ashleigh Merchant, representing defendant Michael Roman. This led to several days of hearings in mid-February, where both Wade and Willis denied any misconduct, asserting their relationship began well after Willis appointed Wade as special prosecutor in November 2021. This claim was met with skepticism by several defense attorneys.

Willis, despite advice to the contrary, took the stand and vehemently denied Merchant’s accusations. McAfee noted Willis’ conduct as unprofessional during her testimony.

These allegations have cast a shadow of doubt over the Georgia case, which is one of four criminal cases against Trump as he eyes a return to the White House.

Willis and her team aimed to start the trial by August, but this timeline is becoming increasingly unlikely due to delays in Trump’s federal cases and the time lost over the disqualification debate.

**A Question of Integrity**

While Willis has been cleared to proceed with the case, a significant part of her career, her judgment and honesty remain under scrutiny. McAfee expressed difficulty in discerning the absolute truth due to conflicting testimonies, leaving a lingering “odor of mendacity” regarding the timing of Willis and Wade’s relationship.

This situation underscores the need for a concerted effort to address the perceived impropriety.

McAfee also criticized Wade’s misleading statements during his divorce proceedings, indicating a willingness to conceal his relationship with Willis.

Despite these challenges, McAfee’s decision largely favors Willis, who has been investigating the former president and his allies for over three years. This ruling allows her to maintain control of her high-profile case amidst her re-election campaign.

However, the allegations will likely continue to haunt Willis, both on the campaign trail and possibly in legislative and congressional efforts to undermine her case.

No decision on an appeal has been announced yet.

Trump’s attorney, Steve Sadow, remains committed to exploring all legal avenues to challenge the case, questioning the court’s handling of the alleged prosecutorial misconduct by Willis and Wade.

McAfee criticized Willis for a speech deemed legally inappropriate, warning of the precarious position it puts her in.

The judge also noted that state law doesn’t automatically equate poor judgment with a conflict of interest, leaving room for other bodies to address unresolved issues.

During a rally, Trump criticized Willis and Wade, accusing them of corruption and financial collusion.

**Witness Testimonies and Financial Scrutiny**

The defense had hoped Terrence Bradley, Wade’s former law partner, would prove the relationship predated Wade’s appointment. However, Bradley’s testimony was deemed unreliable by McAfee.

The judge also reviewed financial arrangements for trips Willis and Wade took together. Despite unusual reimbursement practices and lack of documentation, McAfee found their testimony credible and not indicative of financial impropriety influencing Willis’ prosecutorial decisions.

**Maintaining Judicial Integrity**

McAfee acknowledged the difficulty in uncovering every potential dishonesty but stressed the importance of addressing the appearance of impropriety to uphold public confidence in the legal system.

He rejected the defense’s motion to dismiss the indictment, emphasizing the use of such measures only in extreme circumstances.

If Willis were to recuse herself, the case would be reassigned by the Prosecuting Attorneys Council of Georgia.

Willis also faces challenges from new legislation aimed at disciplining prosecutors and ongoing investigations that could impact her case.

Bar complaints have been filed against both Willis and Wade, with two ethics complaints against Willis already dismissed due to jurisdictional issues.