Judge McAfee determined that the Trump defendants did not meet the legal standard to remove Fani Willis, but due to the possibility of unethical behavior, either Willis or Nathan Wade must be removed.
What Did The Judge Rule On Fani Willis Disqualification?
Judge Scott McAfee ruled that the defendants did not meet their burden of proof to disqualify Fani Willis, but also noted that Willis's decision to hire Nathan Wade was a significant error in judgment that could create the appearance of impropriety. As a result, Willis may need to step down from the case or dismiss Wade.
The Atlanta Journal-Constitution reported:
In a 23-page order, McAfee stated that he does not approve of Willis's significant error in judgment in her relationship with Wade. He mentioned that Wade billed over $728,000 for legal fees, some of which were used for his vacations with the district attorney in 2022 and 2023.
However, the judge found that the defense did not succeed in proving that the district attorney had a genuine conflict of interest in the case due to her personal relationship and frequent trips with her lead prosecutor. If McAfee had found otherwise, he would have been required to disqualify Willis and her office from the case.
Is Fani Willis Disqualified?
Fani Willis is not disqualified. She is likely to remain on the case as legal experts have suggested that no other district attorney's office is likely to take on the case if she withdraws. Her withdrawal would bring an end to the lengthy investigation of Trump and his associates in Georgia.
The practical outcome of this decision is that Nathan Wade will step down as special prosecutor, and the case will proceed.
What Happens Next In The Trump RICO Case?
The motion for disqualification has been an unnecessary spectacle. It was an error that Fani Willis could have easily avoided. Willis must decide whether to revise and resubmit six of the charges that Judge McAfee dismissed against the Trump defendants due to technical errors. However, the trial is expected to continue, and defendant Donald J. Trump will likely stand trial in Georgia. due to technical errors, but the trial should be expected to keep moving forward, and defendant Donald J. Trump is expected to stand trial in Georgia.