Fulton County, Georgia, District Attorney Fani Willis can continue to lead the prosecution against former President Donald Trump and associates for attempting to interfere in the Georgia 2020 presidential election. After months of speculation and accusations surrounding the personal relationship between Willis and prosecutor Nathan Wade, a judge has decided that either Willis or Wade can leave the case, essentially allowing Willis and the rest of her team to continue their RICO prosecution of Trump and his allies.
Lawyers representing one of the defendants in the Trump election interference case have attempted to have Willis disqualified. The accusations against the Georgia prosecutors’ team argues that Willis gave Wade his job on the prosecution team because of their personal relationship and that she benefited from Wade’s salary — Wade has billed over $700,000 so far — because of dates and trips Willis took with Wade after he got the job. Willis and Wade, while remaining guarded about discussing their personal lives publicly, argued that their relationship only became romantic after Wade was already hired. They also testified that they essentially split the costs of dinners, vacations and other aspects of their relationship, meaning that Willis never benefited financially from Wade’s job.
In a ruling issued Friday morning, Judge Scott McAfee ruled that it was not proven that Willis and Wade engaged in any illegal or unethical behavior surrounding their involvement in the election interference case and that there was no “actual conflict” from Willis and Wade working together on the case. However, the judge also ruled that Willis committed a “tremendous lapse in judgment” and created “an appearance of impropriety” through her relationship with Wade. Therefore, Judge McAfee gave Willis the option of either removing herself and her office from the case or having Wade leave the case, in which case Willis and the rest of her team may continue.
While the ruling is largely a victory for Willis and the prosecution in the election interference case, it may continue to fuel criticism of Willis from her detractors. Furthermore, Willis is still a potential target for Republicans in Washington, D.C., and in Georgia. In Congress, the Republican-led House Judiciary Committee has launched an investigation into Willis and her office’s use of federal funds, threatening Willis with contempt charges if she does not comply with a subpoena issued by the committee. Meanwhile, Georgia Gov. Brian Kemp recently signed a new law allowing a Republican-controlled oversight board to remove prosecutors, a law that critics have worried is specifically targeted at Willis.
The coming weeks will show how much this ordeal will impact the RICO case against Trump and his associates, and it may be months before the full impact to Willis — who is up for reelection this fall — becomes clear.