Accusations of Inappropriate Relationship Threaten Prosecutor’s Role in Trump Election Case
ATLANTA – The Fulton County District Attorney, Fani Willis, is facing accusations of an inappropriate relationship with a special prosecutor she hired to seek convictions of Donald Trump and others for interfering in Georgia’s 2020 election. These allegations have resulted in renewed calls to remove Willis from the case. While Willis has defended her hiring of Nathan Wade, who has limited prosecutorial experience, she has not directly denied the romantic relationship.
The allegations were first made public in a motion filed by defense attorney Ashleigh Merchant, who represents former Trump campaign staffer and White House aide Michael Roman. Merchant claims that Willis’ office paid Wade large sums of money and that Willis improperly benefitted from Wade’s payment for their vacations. However, Merchant has not provided any proof of the alleged relationship.
Fulton County Superior Court Judge Scott McAfee has the power to remove Willis and Wade from further prosecution of the case if he chooses to do so. Another judge, Fulton County Superior Court Judge Robert McBurney, took similar action in July 2022 when presiding over the special grand jury investigation that preceded the indictment in the election case. McBurney ruled that Willis had a conflict of interest due to her hosting a fundraiser for a Democratic opponent of one of the targets in the case.
If McAfee decides to remove Willis and her office from the election case, the Prosecuting Attorneys’ Council of Georgia would need to find another prosecutor to take over. However, finding a prosecutor willing and able to handle such a complex case could prove challenging.
Alternatively, Willis could choose to recuse herself from the case, which would likely require her entire office to step away as well. In this scenario, it would be up to the Prosecuting Attorneys’ Council to find a replacement.
Legal experts have stated that there is no legal basis under Georgia law to disqualify Willis or Wade. However, attorney Norm Eisen, former President Barack Obama’s ethics czar, has suggested that it would be wise for Wade to voluntarily end his involvement in the case to avoid distractions from the overwhelming evidence justifying the decision to prosecute Trump and his co-conspirators.
Many Republicans would like to see Willis investigated by Georgia’s new Prosecuting Attorneys Qualification Commission. However, the commission’s rules have not been approved by the state Supreme Court, delaying its operation. If the commission were to remove district attorneys from office or discipline them for misconduct, it would require a negotiated settlement for Willis to step aside from the Trump case.
Impeaching and removing Willis has been proposed by a few lawmakers, including former President Donald Trump. However, Georgia’s General Assembly has not impeached anyone in over 50 years, and a two-thirds majority of the state Senate is necessary for a conviction. Given the current political landscape and upcoming elections, an impeachment proceeding is unlikely.
The State Bar of Georgia could potentially step in if Willis were to face consequences for misconduct. However, the bar’s rules primarily apply to private lawyers and may not directly address this case.
Other potential consequences include Fulton County Commissioner Bob Ellis demanding information on how Willis spent county money and whether any payments to Wade were converted for personal gain. The county Board of Ethics could fine and reprimand Willis but does not have the power to remove her.
State Senator Greg Dolezal has proposed a special Senate committee to investigate Willis, with potential legal or budget changes following any inquiry.
The implications of these allegations and the calls for Willis’ removal from the case are significant. They raise questions about the integrity and impartiality of the prosecution, as well as the potential impact on future election cases. The outcome of this situation will have repercussions not only for Willis but also for Georgia’s legal system as a whole.
As this case continues to unfold, it is crucial to maintain transparency and accountability to uphold the integrity of the justice system. The resolution of these allegations will shape the future of election prosecutions and the public’s trust in the legal process.