Judge ruled Friday that Willis must either step aside or fire special prosecutor Nathan Wade
Judge rules Fani Willis can stay on Trump case if Nathan Wade leaves
Fox News' Jonathan Serrie reports that Fulton County, Georgia DA Fani Willis can remain on the Trump election case if she parts ways with special prosecutor Nathan Wade. Former federal prosecutor Andrew Cherkasky reacts.
The lead attorney representing former President Donald Trump in his Georgia election interference case says the decision from a judge that Fulton County District Attorney Fani Willis must either step aside or fire special prosecutor Nathan Wade does not lend "appropriate significance" to their "prosecutorial misconduct."
Fulton County Superior Court Judge Scott McAfee issued the ruling Friday after hearing evidence presented by lawyers for co-defendants in the case who had accused Willis of having an "improper" affair with Nathan Wade, whom she hired to help prosecute the matter.
"While respecting the Court’s decision, we believe that the Court did not afford appropriate significance to the prosecutorial misconduct of Willis and Wade, including the financial benefits, testifying untruthfully about when their personal relationship began, as well as Willis’ extrajudicial MLK [day] ‘church speech,’ where she played the race card and falsely accused the defendants and their counsel of racism," Trump attorney Steve Sadow said in a statement obtained by Fox News.
"We will use all legal options available as we continue to fight to end this case, which should never have been brought in the first place," he added.
JUDGE RULES FANI WILLIS MUST STEP ASIDE FROM TRUMP CASE OR FIRE SPECIAL PROSECUTOR NATHAN WADE
Attorney Steve Sadow speaks in court at the Fulton County Courthouse in Atlanta on March 1. (Alex Slitz-Pool/Getty Images)
McAfee said the defendants "failed to meet their burden of proving that the District Attorney acquired an actual conflict of interest in this case through her personal relationship and recurring travels with her lead prosecutor."
"However, the established record now highlights a significant appearance of impropriety that infects the current structure of the prosecution team — an appearance that must be removed through the State’s selection of one of two options," he wrote.
FULTON COUNTY ETHICS BOARD WON’T HEAR COMPLAINTS AGAINST FANI WILLIS
Fani Willis, the district attorney for Fulton County, Georgia, previously said the allegations brought against her of having an "improper" romantic relationship with special prosecutor Nathan Wade were made because she is Black. (Getty Images)
He went on to say that his 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."
The co-defendants had alleged that Willis benefited financially by hiring Wade because they were in a pre-existing relationship when he was hired in 2021 and would vacation together.
Scott McAfee, a Fulton County superior court judge, issued his ruling on Friday. (Alyssa Pointer/Reuters/Bloomberg via Getty Images )
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Both Wade and Willis denied they were in a romantic relationship prior to his hiring and that the couple would split the costs of their shared travels; Willis said she reimbursed Wade for her share of the trips in cash.
Fox News' Kathleen Reuschle contributed to this report.
Greg Norman is a reporter at Fox News Digital.
