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Fani Willis Could Be Disqualified from Trump Case over Romantic Relationship with Prosecutor, Georgia Judge Says

Fulton County district attorney Fani Willis speaks to the media in Atlanta, Ga., August 14, 2023.
Fulton County district attorney Fani Willis speaks to the media in Atlanta, Ga., August 14, 2023. (Elijah Nouvelage/Reuters)

Fulton County superior court judge Scott McAfee said it’s “possible” District Attorney Fani Willis could face disqualification from her case on former president Donald Trump’s alleged election-subversion efforts in Georgia due to her romantic relationship with a prosecutor, whom she appointed to the state case.

“It’s clear that disqualification can occur if evidence is produced demonstrating an actual conflict or the appearance of one,” McAfee said at a hearing on Monday.

The judge, who is presiding over the case involving Trump and 18 other co-defendants, noted he will move forward with an evidentiary hearing on Thursday, as previously scheduled. The court will hear evidence presented by one co-defendant, who claimed Willis lied about when she started dating special prosecutor Nathan Wade.

“Because I think it’s possible that the facts alleged by the defendant could result in disqualification, I think an evidentiary hearing must occur to establish the record on those core allegations,” McAfee added.

On Friday, former Trump campaign official Mike Roman’s lawyer, Ashleigh Merchant, wrote in a court filing that Wade’s former law partner, Terrence Bradley, will testify under oath that the pair’s relationship started before Willis appointed Wade to the state case in November 2021. If true, the testimony could challenge the Georgia prosecutors’ previous claims that they started dating after Wade was already named to the case.

Merchant’s filing came in response to a motion submitted by the district attorney’s office seeking to block Roman’s subpoenas for Bradley and others, including Willis and Wade. McAfee ultimately rejected the effort.

In a separate motion filed on February 2, Willis wrote that she and Wade have been friends and professional associates since 2019 but that “there was no personal relationship between them in November 2021.” In an affidavit included in the filing, Wade claimed their relationship began in 2022.

Moreover, Willis denied the relationship had affected the proceedings of her case. She also called the accusations “meritless” and “salacious,” according to this motion.

Early last month, Roman first revealed that Willis hired Wade to lead the prosecution against Trump and his allies, all of whom were indicted in August under Georgia’s version of the Racketeer Influenced and Corrupt Organizations Act for their alleged efforts to overturn the 2020 presidential election in Georgia. Four of them have pleaded guilty.

David Zimmermann is a news writer for National Review. Originally from New Jersey, he is a graduate of Grove City College and currently writes from Washington, D.C. His writing has appeared in the Washington Examiner, the Western Journal, Upward News, and the College Fix.
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