Fulton County Judge Scott McAfee discovered that District Attorney Fani Willis may have lied, made racially biased comments towards a defendant, and had a notable lapse in judgment, but could still pursue her mission to prosecute a former president as long as special prosecutor Nathan Wade removes himself from the case.
McAfee issued a statement on Friday stating that the defendants failed to prove that the District Attorney had a true conflict of interest in the case. decision Former President Donald Trump, along with Michael Roman and other co-defendants, argued that Willis had disqualified herself from prosecuting them on racketeering “RICO” charges supposedly related to the 2020 election. One of the reasons Roman, who filed the original motion to dismiss, gave for Willis’ disqualification was that she allegedly benefited financially after hiring her lover Nathan Wade as special prosecutor on the case. Wade allegedly took Willis on vacations using the money he earned while on the case.
Wade’s law firm received more than $650,000 for his involvement over a two-year period, significantly more than the other special prosecutors on the case. The law firms of Anna Cross and John Floyd were each paid less than $100,000, according to reports. The defendants claimed that the money was used to treat Willis to luxurious vacations in the Bahamas, Aruba, Belize, and Napa Valley, which Willis asserts she repaid in cash. McAfee ruled that Willis’ method of repayment — reportedly carrying significant amounts of cash at all times without any documented proof — “may be unusual and the lack of any documentary corroboration understandably concerning.” Still, McAfee stated that he believed the evidence presented did not prove that Willis received a significant financial benefit as a result of her decision to hire and engage in a romantic relationship with Wade. Willis Willis and Wade also denied allegations that their romantic relationship began before Wade’s appointment, which would ostensibly create a clear conflict of interest in Wade’s hiring.
Cellphone data submitted by the defense supposedly shows Wade made numerous visits to the Hapeville neighborhood where Fani Willis was living before the district attorney hired him to lead the prosecution of Trump, according to The Atlanta Journal-Constitution. 11 Alive.
Wade testified he visited Willis at her condo a maximum of 10 times prior to being hired in November of 2021.
Willis’ former friend, Robin Bryant-Yeartie, further informed the court there was “no doubt” the couple had begun their relationship as early as 2019. Yeartie claimed she witnessed the pair “hugging” and “kissing” that same year.
The judge — who donated $150 to Willis’ campaign in 2020 — ruled that the “prosecution is encumbered by an appearance of impropriety.”
“As long as Wade remains on the case, this unnecessary perception will persist,” McAfee ruled. “Without 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,” McAfee wrote. “This 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.” However, McAfee said that Willis' significant error in judgment wasn't enough to disqualify her from prosecuting a former president. according The judge stated that dismissing the indictment wouldn't be the right solution to clear the financial cloud of suspicion and possible dishonesty. The District Attorney could step aside with her office and hand over the case to the Prosecuting Attorneys’ Council for reassignment, or SADA Wade could withdraw.
McAfee compared Willis' treatment to the special prosecutor's treatment of President Joe Biden. McAfee acknowledged that Willis may have been untruthful about her relationship with Wade but said there wasn't enough evidence to remove her from the case.
days before McAfee’s ruling. told Scarry predicted that McAfee would acknowledge Willis' deception of the court but ultimately decide it doesn't change the case against the former president and his associates. claimed Additionally, McAfee criticized Willis' apparent attempt to attribute defendants' skepticism of her relationship with Wade to racism. The judge stopped short of saying her action warranted recourse.
“I am a little confused. I appointed three special counsel, which is my right to do. Paid them all the same hourly rate. They only attack one,” Willis said, according to The Washington Post. donated The Washington Post
McAfee acknowledged the speech was “legally improper” and had the “effect [of] cast[ing] racial aspersions at an indicted Defendant’s decision to file this pretrial motion,” but still denied defendants’ motion to dismiss Willis on such grounds.
Tea Party Patriots Action Honorary Chairman Jenny Beth Martin strongly criticized McAfee’s ruling.
“It is clear to any fair-minded person that Fani Willis disqualified herself by hiring her lover to lead the Trump prosecution, misusing government funds, and then committing perjury and obstruction of justice during her hearing,” Martin said.
Others highlighted the likelihood that the Trump defense team will reference what McAfee noted as a “cloud of impropriety” surrounding Willis’ case on appeal.
“Judge McAfee’s ruling supports the defendant’s motion to recuse. Willis’ conduct and testimony during these pretrial hearings do not inspire confidence in the process, let alone her judgment,” stated Heritage Foundation senior legal fellows Hans von Spakovsky and Charles Stimson in a statement. “If she refuses to do the right thing and stays on the cases, and there are any convictions, these issues will be front and center on appeal and call into question the integrity of those convictions.” anticipated Judge McAfee ruled that Willis may have lied and made a significant error in judgement but could still continue her pursuit of Trump.
“[McAfee] will likely acknowledge [Willis’] obvious deception of the court, but ultimately conclude it doesn’t change the underlying case against the former president and his associates,” Scarry predicted.
Further, McAfee condemned Willis’ apparent attempt to chalk defendants’ skepticism of her relationship with Wade up to racism. Still, the judge stopped short of saying her action warranted recourse. Willis alleged during a speech at an Atlanta church in January that Republicans were “playing the race card,” rather than raising legitimate concerns about the impropriety of Wade’s involvement in the case.
“I am a little confused. I appointed three special counsel, which is my right to do. Paid them all the same hourly rate. They only attack one,” Willis said, according to The Washington Post.
McAfee admitted the speech was “legally improper” and had the “effect [of] cast[ing] racial aspersions at an indicted Defendant’s decision to file this pretrial motion,” but nevertheless denied defendants’ motion to dismiss Willis on such grounds.
Tea Party Patriots Action Honorary Chairman Jenny Beth Martin issued a scathing rebuke of McAfee’s ruling.
“It is clear to any fair-minded person that Fani Willis disqualified herself by hiring her lover to lead the Trump prosecution, abusing government funds, and then engaging in perjury and obstruction of justice during her hearing,” Martin said.
Others highlighted the likelihood that the Trump defense team will cite what McAfee noted was a “cloud of impropriety” surrounding Willis’ case on appeal.
“Judge McAfee’s ruling vindicates the defendant’s motion to recuse. Willis’ conduct and testimony during these pretrial hearings do not instill confidence in the process, much less her judgment,” said Heritage Foundation senior legal fellows Hans von Spakovsky and Charles Stimson in a statement. “If she refuses to do the right thing and stays on the cases, and there are any convictions, these issues will be front and center on appeal and call into question the integrity of those convictions.”
