Judge McAfee ruled that the Trump defendants did not meet their legal burden to disqualify Fani Willis, but due to appearances of impropriety, either Willis or Nathan Wade must go.
What did the judge decide on Fani Willis’ disqualification?
Judge Scott McAfee ruled that the defendants did not meet the burden of proof to disqualify Fani Willis, but that Willis’s hiring of Nathan Wade was an egregious error in judgment that could create the appearance of impropriety, so Willis could resign from the case or get rid of Wade.
The Atlanta Journal-Constitution reported:
In a 23-page order, McAfee said he in no way condones Willis’ “egregious error of judgment” for having an affair with Wade, who billed more than $728,000 in legal fees that he used to pay the cruises and holidays he has taken. with the district attorney in 2022 and 2023.
For more stories like this, sign up for our The Daily newsletter.
However, in an important finding, the judge said the defense “failed to meet its burden of demonstrating that the District Attorney acquired an actual conflict of interest in this case through his personal relationship and recurring travel with his chief prosecutor”. If McAfee had found otherwise, he should have disqualified Willis and his office from the case.
Fani Willis suspended?
Fani Willis is not disqualified. He will likely remain on the case because legal experts have suggested that if he retires, it is unlikely that another district attorney’s office will take up the case. His resignation would end the years-long investigation into Trump and his allies in Georgia.
The practical result of this ruling is that Nathan Wade will step down as special prosecutor and the case will move forward.
What happens next in the Trump RICO case?
The motion to disqualify was an unnecessary circus. A mistake that Fani Willis could have easily avoided. Willis must decide whether or not to amend and dismiss six of the charges Judge McAfee tossed out against the Trump defendants due to technical errors, but the trial can be expected to continue moving forward and defendant Donald J. Trump is he is expected to be tried in Georgia.
A special message from PoliticusUSA
If you are in a position to donate exclusively to help us keep the doors open on PoliticusUSA during what is a critical election year, please do so here.
We are honored to be able to put your interests first for 14 years as we respond only to our readers and will not compromise on that core, core value of PoliticusUSA.
Jason is the managing editor. He is also a member of the White House press pool and a congressional correspondent for PoliticusUSA. Jason has a bachelor’s degree in political science. His graduate work focused on public policy, with a specialization in social reform movements.
Awards and professional memberships
Member of the Society of Professional Journalists and the American Political Science Association