Judge rules Fani Willis must step aside from Trump case or fire special prosecutor Nathan Wade

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, adding that Willis and her whole office can choose to step aside, or Wade can withdraw from the case.

KEY WITNESS IN FANI WILLIS CASE TESTIFIES HE MAY HAVE LIED IN TEXTS ABOUT FRIENDS' AFFAIR

Willis — the district attorney for Fulton County, Georgia — previously said the allegations brought against her of having an "improper" romantic relationship with special prosecutor Nathan Wade were made because she is Black. (Getty Images)

McAfee said that "[w]ithout sufficient evidence that the District Attorney acquired a personal stake in the prosecution, or that her financial arrangements had any impact on the case, the Defendants’ claims of an actual conflict must be denied."

But he went on to say that his finding is "by no means an indication that the Court condones this tremendous lapse in judgment or the unprofessional manner of the District Attorney’s testimony during the evidentiary hearing."

"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," he siad. 

"Other forums or sources of authority such as the General Assembly, the Georgia State Ethics Commission, the State Bar of Georgia, the Fulton County Board of Commissioners, or the voters of Fulton County may offer feedback on any unanswered questions that linger. But those are not the issues determinative to the Defendants’ motions alleging an actual conflict," he added.

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.

In his Friday order, McAfee said while Willis' "reimbursement practice" was "unusual and the lack of any documentary corroboration understandably concerning," he ultimately decided that the defendants did not present "sufficient evidence" that expenses weren't "roughly divided evenly." 

He also said that "the evidence demonstrated that the financial gain flowing from her relationship with Wade was not a motivating factor on the part of the District Attorney to indict and prosecute this case."

READ THE JUDGE'S ORDER – APP USERS, CLICK HERE:

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.

"[T]he Court finds that the record made at the evidentiary hearing established that the District Attorney’s prosecution is encumbered by an appearance of impropriety," McAfee wrote in his order.

"As the case moves forward, reasonable members of the public could easily be left to wonder whether the financial exchanges have continued resulting in some form of benefit to the District Attorney, or even whether the romantic relationship has resumed.

"Put differently, an outsider could reasonably think that the District Attorney is not exercising her independent professional judgment totally free of any compromising influences. As long as Wade remains on the case, this unnecessary perception will persist," he said.

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. 

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

Terrence Bradley, divorce lawyer and former law partner of Nathan Wade, testifies during a hearing into misconduct allegations against Fulton County District Attorney Fani Willis. (Brynn Anderson/Pool/AFP via Getty Images)

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. 

Judge McAfee in Friday's order said that "while the testimony of Robin Yearti raised doubts about the State’s assertions, it ultimately lacked context and detail."

"[N]either side was able to conclusively establish by a preponderance of the evidence when the relationship evolved into a romantic one," he said.

The highlight of the two-day proceeding was Willis’ own – an unexpected – testimony last month, described by one expert as "belligerent."

FANI WILLIS WHO 'RELISHED IN' DONALD TRUMP PROSECUTION SHOULD BE REMOVED FROM CASE FOR ILLICIT AFFAIR: EXPERTS

Attorney Ashleigh Merchant. (Alyssa Pointer)

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.

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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."