A Georgia judge has ruled that embattled Fulton County District Attorney Fani Willis must either step aside from the case against former President Donald Trump or fire special prosecutor Nathan Wade.
Fulton County Superior Court Judge Scott McAfee issued the ruling after hearing evidence presented by lawyers for the co-defendants in the sweeping 2020 election interference case. Four co-defendants accused Willis of having an "improper" affair with Nathan Wade, whom she hired to help prosecute the case.
McAfee said that the defendants "failed to meet their burden of proving that the District Attorney acquired an actual conflict of interest in this case through her personal relationship and recurring travels with her lead prosecutor."
"However, the established record now highlights a significant appearance of impropriety that infects the current structure of the prosecution team - an appearance that must be removed through the State’s selection of one of two options," he wrote.
KEY WITNESS IN FANI WILLIS CASE TESTIFIES HE MAY HAVE LIED IN TEXTS ABOUT FRIENDS' AFFAIR
The co-defendants had alleged that Willis benefited financially by hiring Wade because they were in a pre-existing relationship when he was hired in 2021 and would vacation together.
Both Wade and Willis denied they were in a romantic relationship prior to his hiring and that the couple would split the costs of their shared travels; Willis said she reimbursed Wade for her share of the trips in cash.
Last month, Judge McAfee held a two-day evidentiary hearing where the defense, led by attorney Ashley Merchant, set out to expose a money trail that would mean Willis has a conflict of interest in the case against Trump and should be disqualified.
Both Willis and Wade insisted that their relationship started in 2022, after Wade was hired. But they contradict testimony from Robin Yeartie, a former "good friend" of Willis and past employee at the DA's office.
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Yeartie said she had "no doubt" that Willis and Wade's relationship started in 2019, after the two met at a conference.
SPECIAL ATTORNEY HIRED BY FANI WILLIS TO HELP PROSECUTE TRUMP DONATED BIG BUCKS TO HER CAMPAIGN
Yeartie testified to observing Willis and Wade "hugging" and "kissing" and showing "affection" prior to November 2021, and that she had no doubt that the two were in a "romantic" relationship starting in 2019, to when she and Willis last spoke in 2022.
Willis dismissed Yeartie’s testimony and said she no longer considers Yeartie to be a friend.
The highlight of the two-day proceeding was Willis’ own – an unexpected – testimony on Thursday, described by one expert as "belligerent."
She verbally sparred with lawyers for hours, at one point, prompting the judge to threaten to strike her testimony. She also raised eyebrows for appearing to be wearing her dress backwards.
Former law firm partner and divorce attorney for Nathan Wade, Terrence Bradley, testified last month about what he knew about Willis' and Wade's relationship after McAfee determined he couldn't claim attorney-client privilege.
Bradley, when pressed under oath, said he couldn't recall several details and timelines about conversations he had with former client Wade about Wade's romantic relationship with Willis.
Merchant at one point referenced text messages between her and Bradley in which she had asked Bradley if he thought the relationship started before Willis hired Wade in 2021. Bradley responded "absolutely" in the text exchange.
On Wednesday Judge McAfee issued a ruling that quashed six counts in the Georgia election interference case against former President Donald Trump and his 18 co-defendants. Saying that the state failed to allege sufficient detail for "solicitation of violation of oath by public officer."
