Fulton County Judge Scott McAfee ruled Friday that District Attorney Fani Willis can participate in the case against former U.S. President Donald Trump, investigating election interference in Georgia, on the condition that special prosecutor Nathan Wade should resign.
“[T]The record now established highlights a significant appearance of irregularity infecting the current structure of the prosecution team, an appearance that must be eliminated by the State's selection of one of two options. Therefore, defendants' motions are partially granted,” Judge McAfee said in a 23-page ruling.
The case investigating Donald Trump's role in the 2020 Georgia election was marred by a romantic relationship between Fani Willis and Nathan Wade. The case has not yet started once the matter of the prosecutor's team is resolved.
According to the defendants, Willis hired his partner for the Trump trial and since then benefited from her appointment, including her vacations abroad.
Ashleigh Merchant, one of the co-defendants' attorneys in Georgia, filed a reference, calling her “underqualified” and asking that the “indictment” be dismissed.
Defense attorneys also accused Wade and Willis of falsifying their relationship in court.
Willis, who is a Democrat, in testimony in February denied the allegations and called the process an attempt to distract the American public.
“You think I'm on trial,” Willis told Merchant, as he looked toward the defense table and continued, “These people are on trial for trying to steal an election.”
However, he acknowledged the romantic relationship but said it began in 2022 after Wade worked for the district attorney's office. The relationship ended before the indictment in August.