A Fulton County judge said Monday it’s “possible” District Attorney Fani Willis could be disqualified from her case prosecuting former President Donald Trump for election interference due to an alleged personal relationship with a prosecutor on her team—as the landmark case against the former president is snagged by allegations of a conflict of interest.
Fulton County District Attorney Fani Willis could potentially be disqualified from her case ... [+]
Fulton County Superior Court Judge Scott McAfee said Monday “I think it's possible that the facts alleged by the defendant could result in disqualification” when considering whether to quash a subpoena for Willis and others in her office, after Trump co-defendant Michael Roman pushed for Willis’ removal from the case and claimed she had a personal relationship with special prosecutor Nathan Wade.
McAfee said Monday he would move forward with an evidentiary hearing scheduled for Thursday to hear the accusations—saying it “must occur to establish the record on those core allegations.”
McAfee also said he thinks information on whether Willis and Wade had a relationship, whether it was romantic, when it formed and if it continues is relevant to the disqualification inquiry.
However, the experience or lack thereof of Wade—who Roman’s attorneys argued was underqualified—and alleged violations of Fulton County code are not relevant.
Willis and other employees of the district attorney’s office were subpoenaed in late January to testify at Thursday’s hearing on whether she should be disqualified from the case.
Willis responded to the subpoena last week and requested the subpoenas be rescinded, arguing they “appear transparently to be an attempt to conduct discovery in a (rather belated) effort to support reckless accusations made in prior court filings.”
Last month, Roman alleged Willis and Wade had an inappropriate romantic relationship and began to call for Willis’ disqualification from the case. Roman’s lawyers said the relationship posed a conflict of interest and violated public money laws, in part because Wade allegedly paid for trips with Willis, arguing the case should be dismissed because of the violations. Willis and Wade confirmed a personal relationship last week in court documents and said it began after he was hired by her office—which Roman’s lawyer Ashleigh Merchant alleges is not true—adding that Wade did not have financial ties to Willis. Willis, who charged Trump and co-defendants in August for potential election interference and violating the Georgia Racketeer Influenced and Corrupt Organizations Act, has said she will not step down from the case.
What happens at Thursday’s hearing. McAfee said they’ve cleared Thursday and set aside Friday to hear the arguments.