Judge rules either district attorney or prosecutor must step aside in Trump Georgia case

By Michael Hernandez

WASHINGTON (AA) - A judge in the US state of Georgia overseeing an election interference case against ex-President Donald Trump ruled Friday that the district attorney can remain on the case, but only if the special prosecutor she once had a romantic relationship with resigns.

Trump and his co-defendants had alleged that Fulton County District Attorney Fani Willis benefited from her relationship with special prosecutor Nathan Wade, a suggestion dismissed by Fulton County Superior Court Judge Scott McAfee, who nonetheless said that either Willis or Wade must step aside in order to avoid any “appearance of impropriety.”

"The Court finds the allegations and evidence legally insufficient to support a finding of an actual conflict of interest. However, the appearance of impropriety remains and must be handled as previously outlined before the prosecution can proceed. The Defendants’ motions are therefore granted in part and denied in part," McAfee wrote in a 23-page order.

The ruling is essentially a middle-ground decision. Either Willis and her office must now withdraw, grinding the case to a halt and casting into doubt whether it will be tried before Election Day, this November, or Wade must leave the case. Either path might delay the trial further. Willis' office has yet to issue a statement on the ruling.

Willis and Wade did not deny having a relationship, but said it began before he was appointed to his office, and ended last summer prior to indictments being handed down against Trump and his co-defendants.

- Justice delayed

The ruling comes amid a number of recent decisions in the numerous cases against Trump making it doubtful if any of them will be concluded before Nov. 5, Election Day. Polls say many voters would be reluctant to vote for a candidate who was convicted of a felony, which may make the cases pivotal for who wins this fall.

If he returns to the Oval Office, Trump has also threatened to do everything he can to shut down the cases against him.

Critics say Trump’s lawyers are deliberately “slow-walking” the cases against him to make sure he is not convicted before the election.

Trump was indicted by a Georgia grand jury last August on 13 criminal counts, including violations of the state Racketeer Influenced and Corrupt Organizations (RICO) Act, solicitation of violation of oath by a public officer, conspiracy to commit impersonating a public officer, and conspiracy to commit false statements.

McAfee on Wednesday threw out the solicitation charges.

Trump has been indicted four times in state and federal courts since he left office in 2021. The charges range from hush money payments to an adult film star, efforts to overturn national election results, unlawful retention of classified documents, and efforts to prevent investigators from completing their duties.

Willis' probe was sparked by a Jan. 2, 2021 telephone call Trump made to Georgia Secretary of State Brad Raffensperger in which he urged the senior state official to "find 11,780 votes,” the number he would have needed to win the battleground state. A recording of the call was later leaked to the media.​​​​​​​

The investigation went on to include a probe of fake local electors who attempted to certify fraudulent election results in Trump's favor.​​​​​​​