Ruling: Fani Willis Can Remain Prosecutor as Wade Steps Down

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Facts

  • Georgia Judge Scott McAfee ruled that Fulton County District Attorney Fani Willis can remain as the prosecutor in the Donald Trump election case so long as Nathan Wade — whom Willis had an interpersonal relationship with — steps down as special prosecutor.1
  • McAfee ruled that the defense failed to prove Willis and Wade's relationship amounted to a 'conflict of interest,' but also found a 'significant appearance of impropriety that infects the current structure of the prosecution team.'2
  • McAfee also criticized Willis for a speech in which she accused the defense of racially motivated attacks on Wade's prosecutorial qualifications.3
  • However, McAfee ruled that the evidence 'demonstrated that the financial gain flowing from her relationship with Wade was not a motivating factor' for Willis in prosecuting Trump.4
  • If Wade leaves the prosecution, Willis and the rest of her team can proceed with the case. If Willis declines to remove him, her entire time, including Wade, will no longer be able to prosecute.5
  • MacAfee told the defense that it could also request a gag order to prohibit the prosecutors from making public comments, with the Trump legal team also discussing appealing the ruling.2

Sources: 1Forbes, 2Washington Post, 3FOX 5 Atlanta, 4MSNBC and 5New York Times.

Narratives

  • Anti-Trump narrative, as provided by Guardian. While Wade will have to step down, the real threat to Trump, and the district attorney who could one day take him down for election interference, will still be leading this trial. Judge McAfee's decision was based solely on the potential appearance of a conflict of interest, not actual corruption regarding the charges against Trump. All Willis has to do is remove her ex-boyfriend from the trial and she can continue her momentous case against the former president.
  • Pro-Trump narrative, as provided by Federalist. Willis is fortunate to have only faced this ruling. Not only did she admit key context about their relationship — which likely shows they were dating before she paid him $650K — but McAfee found that she potentially lied and cast 'racial aspersions' on a defendant. Every reason Willis chose to prosecute Trump was either selfish or politically motivated, but she still got away with barely a slap on the wrist.

Predictions