NOTE: As of Friday evening, Nathan Wade has resigned from the case. In a letter to Willis, he wrote, “Although the court found that “the defendants failed to meet their burden of proving that the District Attorney acquired an actual conflict of interest,” I am offering my resignation in the interest of democracy, in dedication to the American public, and move this case forward as quickly as possible.“
Fulton County Superior Court Judge Scott McAfee ruled on the morning of Friday, March 15, that Fulton County District Attorney Fani Willis should not be disqualified from the RICO case against former President Donald Trump and his co-defendants despite her relationship with Nathan Wade. Judge McAfee did add a major condition, however, finding that either Wade and DA Willis or just Wade must leave the case.
Judge McAfee’s ruling stemmed from his finding that there was no “actual conflict” brought about by her relationship with Wade, but that there was an “appearance of impropriety” brought about by her sexual relationship with Wade, one of three special prosecutors who she appointed to head the RICO case against Trump and his co-defendants.
As there was no “actual conflict” brought about by the relationship, according to Judge McAfee’s finding, DA Willis did not have to be disqualified. Explaining why there was not such an “actual conflict,” Judge McAfee wrote, “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.”
He continued, “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. Rather, it is the undersigned’s opinion that Georgia law does not permit the finding of an actual conflict for simply making bad choices — even repeatedly — and it is the trial court’s duty to confine itself to the relevant issues and applicable law properly brought before it.”
However, the appearance of impropriety remained a problem, even if there wasn’t enough evidence to find an “actual conflict.” That appearance of impropriety led to Judge McAfee’s finding that if DA Willis and her office don’t step away from the case with Wade, then Wade must.
Explaining the appearance of impropriety issue, Judge McAfee wrote, “the prosecution is encumbered by an appearance of impropriety.” Continuing, he added, “As the case moves forward, reasonable members of the public could easily be left to wonder whether the financial exchanges have continued resulting in some form of benefit to the District Attorney, or even whether the romantic relationship has resumed.”
Then, commenting on how Wade’s presence reinforces the notion that the case is improper in the minds of the public, Judge McAfee added, “As long as Wade remains on the case, this unnecessary perception will persist.”
Judge McAfee also noted the importance of public “confidence” in the judicial system and how the appearance of impropriety demolishes that confidence, Judge McAfee said, “Whether this case ends in convictions, acquittals, or something in between, the result should be one that instills confidence in the process. A reasonable observer unburdened by partisan blinders should believe the law was impartially applied, that those accused of crimes had a fair Page 23 23SC188947 opportunity to present their defenses, and that any verdict was based on our criminal justice system’s best efforts at ascertaining the truth. Any distractions that detract from these goals, if remedial under the law, should be proportionally addressed.”
Watch MSNBC’s “Morning Joe” discuss the ruling here:
Featured image credit: Fani for DA Campaign website
"*" indicates required fields