Georgia DA Fani Willis can remain on Trump election fraud case —if special prosecutor Nathan Wade steps aside, judge rules

District Attorney Fani Willis can stay on and prosecute the Georgia election interference case against former President Donald Trump and his co-defendants for allegedly trying to overturn the results of the 2020 election — if special prosecutor Nathan Wade steps aside, a judge ruled Friday.

Fulton County Superior Court Judge Scott McAfee issued the decision after deliberating for two weeks following testimony from Willis, Wade and others close to them.

In the decision, he noted that the defense had produced evidence of “a significant appearance of impropriety that infects the current structure of the prosecution team.”

However, he offered a choice, allowing Willis to continue if she drops Wade, with whom she has admitted being romantically involved, from her team.

“The District Attorney may choose to step aside, along with the whole of her office … Alternatively, [special attorney] Wade can withdraw, allowing the District Attorney, the Defendants, and the public to move forward without his presence or remuneration distracting from and potentially compromising the merits of this case,” McAfee wrote.

The allegations charged Willis had become romantically involved with Wade before 2021, when she appointed him special prosecutor in the election interference case, and claimed she benefited financially from his lucrative special prosecutor post when he treated her to luxurious vacations.

The relationship was first revealed by Trump co-defendant Mike Roman in a bombshell court filing that said the situation presented a conflict of interest and asked for Willis to be removed from the case.

Both Willis and Wade — who only reached a divorce agreement with his wife in January — admitted to the affair, but maintained under oath that the relationship only became official in 2022, after they had already brought the case against the former president and 18 others.

However, at the hearings into Willis’ conduct, witnesses presented testimony which contradicted the former lovers’ claims.

McAfee’s ruling was particularly damning of Willis and Wade’s conduct, calling it a “tremendous lapse in judgment” and adding that the defense raised “reasonable questions” about whether the pair had testified truthfully as to the timeline of their relationship.

Explaining his decision, McAfee wrote: “The court finds the allegations and evidence legally insufficient to support a finding of an actual conflict of interest” over Willis and Wade’s relationship.

However, he also noted that “the appearance of impropriety remains,” making his decision a split ruling, with some of the motions put forward by Trump and his co-defendants “granted in part and denied in part.”  

Trump’s lawyer Steve Sadow was quick to respond: “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 … 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.”

In mid-February, Robin Yeartie – a former DA’s office employee who also claimed to be one of Willis’ longtime friends – testified that she had “no doubt” Willis and Wade were romantically linked as early as 2019.

Yeartie said that she saw the pair “kissing” and “hugging” at the time.

Wade’s former law partner and one-time divorce attorney Terrence Bradley also told Merchant in January that the affair “absolutely” started before Wade was appointed to the Trump case.

“It started when she left the DA’s office and was judge in South Fulton,” Bradley texted Merchant on Jan. 5, according to records that were referenced in court and later revealed in full on Megyn Kelly’s podcast.

Part of the allegations against Willis include that she financially benefited from appointing Wade to the plum role in the Trump case, notably when he paid for her to go on trips with him using cash earned on the job.

Bradley seemed to be aware of these excursions, texting to Merchant: “They took many trips to Florida…Texas….California.”

“Dang,” Merchant wrote back at the time. “They had a full on relationship.”

Bradley, however, tried to backtrack on the stand and said that the text conversation with Merchant was “speculation” – was even heard muttering “Oh, dang” when presented with copies of the exchange.

During closing arguments, attorney Steven Sadow pointed out that Willis and Wade purposely concealed their relationship until it was revealed in court in January.

“They concealed it from all parties. From [Willis’] daddy. Daddy didn’t even know they had a relationship!” Sadow exclaimed.

Even after the court stopped hearing evidence, newly-filed documents named other potential witnesses with details about the former couple’s affair.

One of those potential witnesses with lawyer Manny Arora, who was supposedly told by Bradley that Wade had a garage door opener for Yeartie’s former apartment – where he and Willis apparently met for their trysts.

During her time on the stand, Willis had been combative with Ashleigh Merchant – a criminal defense attorney for one of Trump’s 14 remaining co-defendants, Michael Roman. Four other defendants reached plea deals.

“You’re confused, you think I’m on trial,” Willis told Merchant when she was questioned about her and Wade’s flight records.

“These people are on trial for trying to steal an election in 2020. I’m not on trial no matter how hard you try to put me on trial,” she added, referring to Trump and his co-defendants.