Judge Scott McAfee cleared the way for a hearing to determine if Fulton County District Attorney Fani Willis benefitted from a relationship with special prosecutor Nathan Wade.
On Feb. 12, McAfee dismissed a request by Willis to have the hearing canceled. McAfee said that it’s possible that the facts could lead to a disqualification.
As a result, Willis, her father John C. Floyd III, and Wade could be called to testify in a hearing that would take place on Feb. 15.
Last week, Willis revealed that she had a personal relationship with Nathan Wade, but there’s no conflict of interest when it comes to the Trump RICO case.
The 176-page filing provides insight into the relationship with Willis and Wade. The two reveal that they did not engage in a personal relationship until 2022. They claim that at no point were funds misused to enhance their lifestyle.
“There are no joint or shared finances or financial accounts; there is not now and has never been any shared household; there is no financial dependency or merging of daily expenses; financial responsibility for personal travel taken is divided roughly evenly between the two, with neither being primarily responsible for expenses of the other, and all expenses paid for with individual personal funds,” the statement reads.
In conclusion, Willis says that she, nor Wade, “have done nothing to establish an actual conflict of interest, nor have they shown that, in the handling of the case, have acted out of any personal or financial motivation.”
Willis and Wade’s relationship came to light after Wade’s divorce proceedings caught the attention of the attorney for Michael Roman, a former Trump campaign official. Roman asked that his charges be dismissed because Willis’ alleged personal relationship with Wade should disqualify her from continuing to prosecute the case. There was also claims that Willis signed off to pay Wade $654,000 since 2022 to serve as a special prosecutor.
Filings from the divorce has also been used by Republican lawmakers in Georgia to develop an oversight committee that will investigate Willis. The committee could choose that have Willis removed as District Attorney.
But while an alleged affair between Willis and Wade could create poor optics, there’s no basis under Georgia Law to disqualify Willis or Wade from continuing to prosecuting the Trump RICO case.
Under Georgia Law, a prosecutor is disqualified from a case due to a “conflict of interest” when the prosecutor’s conflicting loyalties could prejudice the defendant leading to an improper conviction. Georgia law states, “[t]here are two generally recognized grounds for disqualification of a prosecuting attorney. The first such ground is based on a conflict of interest, and the second ground has been described as ‘forensic misconduct.’”
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