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Judge rules Fani Willis must step aside from Trump case
or fire special prosecutor Nathan Wade
Judge McAfee rules on motion to disqualify Fulton County DA Fani Willis from Trump case
By Brianna Herlihy Fox News

Published March 15, 2024 9:05am EDT | Updated March 15, 2024 9:10am EDT

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Judge rules Fani Willis can stay on Trump case if Nathan Wade leaves
Fox News' Jonathan Serrie reports that Fulton County, Georgia DA Fani Willis can remain on the Trump election case if she parts ways with special prosecutor
Nathan Wade. Former federal prosecutor Andrew Cherkasky reacts.

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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

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 .

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-
efendants. Saying that the state failed to allege sufficient detail for "solicitation of
violation of oath by public officer."

Brianna Herlihy is a politics writer for Fox News Digital.

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