(NewsNation) — A judge ruled Fulton County District Attorney Fani Willis must step down or cut ties with her special prosecutor before the Georgia election interference case against former President Donald Trump can proceed.
The Friday ruling came after allegations that Willis and special prosecutor Nathan Wade were in a romantic relationship, creating a conflict of interest in the case.
Judge Scott McAfee found there was insufficient legal evidence to support finding a conflict of interest; however, the appearance of propriety was enough for McAafee to demand Willis step down or remove Wade from the case.
The court also found Willis didn’t receive any financial gain from her relationship with Wade, but McAfee noted that as long as Wade remained involved the appearance of improper conduct would persist, implying Wade ought to be removed.
“The evidence did not establish the District Attorney’s receipt of a material financial benefit as a result of her decision to hire and engage in a romantic relationship with Wade,” McAfee wrote.
While the ruling did not find a conflict of interest, the court still admonished Willis for unprofessional conduct and called her actions a “tremendous lapse in judgment.”
Willis was given two options. She and her office could step aside and refer the case for reassignment while Wade remained, or Wade could withdraw, leaving Willis and her team to continue the prosecution.
In response to the ruling, Steve Sadow, lead defense counsel for Trump, said the team would continue to pursue legal options to fight the case, which he said never should have been brought at all.
“While respecting the Court’s decision, we believe that the Court did not afford appropriate significance to the prosecutorial misconduct of Willis and Wade, including the financial benefits, testifying untruthfully about when their personal relationship began, as well as Willis’ extrajudicial MLK ‘church speech,’ where she played the race card and falsely accused the defendants and their counsel of racism,” Sadow said in a statement. “We will use all legal options available as we continue to fight to end this case, which should never have been brought in the first place.”
Trump is accused of violating Georgia’s Racketeer Influenced and Corrupt Organizations Act, or RICO. Prosecutors say Trump, his lawyers, and other aides were involved in a “criminal enterprise” to keep the former president in power after his loss to current President Joe Biden in the 2020 election.
Willis started investigating Trump after he was heard on a recorded phone call, asking Georgia Secretary of State Brad Raffensperger to “find” enough votes to overturn Biden’s victory.
However, one of Trump’s co-defendants, political operative Michael Roman, said in a motion Willis and special prosecutor Nathan Wade were in an inappropriate romantic relationship, causing a conflict of interest.
Wade had been hired by Willis in November 2021 to assist in her probe of Trump, and he now leads the team of lawyers assembled to prosecute the case.
While Willis and Wade acknowledged they had a “personal relationship,” both have denied any improper conduct.
McAfee on Wednesday dismissed some of the charges against Trump but not all of them. The six charges dropped include two related to the phone call Trump made to Raffensperger.
McAfee explained his decision to dismiss the charges by saying “the lack of detail concerning an essential legal element is, in the undersigned’s opinion, fatal.”
Read the full ruling below:
NewsNation digital producers Steph Whiteside, Andrew Dorn and The Associated Press contributed to this report.
This is a developing story. Check back for updates.
