Fulton County District Attorney Fani Willis can stay on and prosecute the Georgia 2020 election interference racketeering case against former President Donald Trump and 14 of his co-defendants, Judge Scott McAfee ruled Friday.
via: CBS News
In a 23-page decision from Superior Court Judge Scott McAfee, the court concluded that “the prosecution of this case cannot proceed until the state selects one of two options. The district attorney may choose to step aside, along with the whole of her office, and refer the prosecution to the Prosecuting Attorneys’ Council for reassignment. Alternatively, [special assistant district attorney] Wade can withdraw, allowing the district attorney, the defendants, and the public to move forward without his presence or remuneration distracting from and potentially compromising the merits of this case.”
The request to disqualify Willis and Wade stemmed from an allegation by Michael Roman, a longtime GOP operative and one of Trump’s co-defendants, that there was a romantic relationship between the pair and that Willis had improperly benefited from that relationship. Although Willis acknowledged she and Wade were romantically involved, she fiercely disputed the claims that the relationship began before she hired him in November 2021. The allegations set off days of fiery testimony which included Willis taking the stand in her own defense.
Though McAfee’s decision allows Willis and her office to continue prosecuting the case — albeit if Wade withdraws from the team — he chided Willis for what he said is a “tremendous lapse in judgment” and criticized the “unprofessional manner” of her testimony during an evidentiary hearing last month.
Still, he said 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 said other sources of authority, such as the State Bar of Georgia, the state Legislature, or Fulton County voters, “may offer feedback on any unanswered questions that linger.”
