During a hearing on Monday, February 12, Fulton County Judge Scott McAfee said that disqualification is a possible outcome for Fulton County District Attorney Fani Willis in her RICO case against former President Donald Trump and 18 members of his 2020 campaign and legal teams. That possible disqualification stems from an alleged conflict of interest created by DA Willis’s admitted relationship with special counsel Nathan Wade.
Specifically, Judge McAfee said that if he determines during the upcoming court testimony on Thursday, February 15, that DA Willis engaged in an actual conflict of interest with Wade, then she will be removed from the case. Such a ruling appears likely to many conservatives given issues such as the plane tickets Wade bought in Willis’s name and their “personal relationship” allegedly predating Willis hiring Wade.
Explaining when disqualification can occur and noting that the appearance of a conflict of interest is nearly as problematic as an actual conflict of interest in terms of leading to potential disqualification, Judge McAfee said, “I think it’s clear that disqualification can occur if evidence is produced demonstrating an actual conflict or the appearance of one.”
Continuing, Judge McAfee emphasized that Willis has admitted to a relationship with Wade and that there could have been a financial benefit to Willis from the relationship and Wade’s appointment, saying, “The state has admitted a relationship existed. And so what remains to be proven is the existence and extent of any financial benefit, again if there even was one.“
Judge McAfee then added that if the facts alleged by defendant Michael Roman are real, then they could be enough to result in DA Willis’ disqualification: “And so because I think its 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.”
Continuing, Judge McAfee then emphasized what is important about the facts as alleged, saying, “I think the issues at point here are whether a relationship existed, whether that relationship was romantic or non-romantic in nature, when it formed, and whether it continues. And that’s only relevant because it’s in combination with the question of the existence and extent of any personal benefit conveyed as a result of their relationship.”
Judge McAfee then ruled that both Special Counsel Wade and District Attorney Willis, among other parties, will have to testify on Thursday. Predictably, Willis’ legal team protested Judge McAfee’s ruling, with Fulton County prosecutor Anna Cross pleading, “What they would say they would not in any way support the wild speculation that was included in this motion.”
Continuing, Cross alleged that the accusations against DA Willis are nothing more than gossip and so the court should refused to hear them so as to limit the potential for gossip being used to delay court cases in the future. Cross said, “This is a serious case. These are serious charges . . .The defense is bringing you gossip … and the court should not condone that practice.”
Willis, for her part, has maintained that the accusations against her are founded on racist views. Watch her make that argument here:
Featured image credit: Fani for DA Campaign Website
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