Here’s what could be next for Fani Willis after judge’s decision on Trump case
ATLANTA, Ga. (Atlanta News First) - On Friday, Fulton County District Attorney Fani Willis was presented with a choice: Should she stay or should she go?
Willis and her office handed down a massive racketeering indictment against former President Donald Trump and 18 of his allies in August 2023. But the case was disrupted in January when a co-defendant alleged that Willis and a special prosecutor she hired in the case, Nathan Wade, crossed financial and ethical boundaries in a romantic relationship.
MORE COVERAGE: Fani Willis must step aside from Trump case or remove special prosecutor
In a highly-anticipated ruling, Fulton County Superior Court Judge Scott McAfee said the court didn’t find that Willis and Wade had a conflict of interest. But due to an “appearance of impropriety,” Willis is left with two options — she can either remove Wade from the case or remove herself and her office.
“Whether this case ends in convictions, acquittals, or something in between, the result should be one that instills confidence in the process,” McAfee wrote. “A reasonable observer unburned by partisan blinders should believe the law was impartially applied, that those accused of crimes had a fair opportunity to present their defenses, and that any verdict was based on our criminal justice system’s best efforts at ascertaining the truth.”
Given the ruling’s , here is a list of some possible outcomes.
UPDATE: Hours after the ruling came down, Wade offered his resignation in a letter to Willis, saying he was doing so “in the interest of democracy.’
Either party could file an appeal
It’s likely that at least one of the parties involved in the case will appeal the decision.
Steve Sadow, one of Trump’s Georgia attorneys, has already indicated dissatisfaction with the ruling. In a statement, he said he believes the court “did not afford appropriate significance to the prosecutorial misconduct of Willis and Wade.”
“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 said.
The ruling did not include an automatic certificate of review, Atlanta attorney Josh Schiffer said, meaning the lawyers have 10 days to apply for an expedited appeal. Schiffer doesn’t believe the state will file an appeal — but any of the defendants who originally ed the motion to disqualify Willis from the case could.
Willis’ office has yet to comment.
Willis could stay, and Wade could leave
Alternatively, Willis could stay on the case and remove Wade, as proposed.
McAfee said the two’s testimony, including when Willis said she and Wade’s relationship is “stronger than ever,” didn’t inspire the public to believe Willis is impartial.
“As long as Wade remains on the case, this unnecessary perception will persist,” he wrote.
The case would then pick up where it left off. Willis could hire another special prosecutor, although that wouldn’t be a requirement.
Willis could leave, and the case would be assigned a new prosecutor
In the least likely situation, Willis could choose to recuse herself and her office from the case, meaning the Georgia Prosecuting Attorneys’ Council would appoint a new prosecutor.
Under Georgia law, that replacement prosecutor doesn’t necessarily have to be another district attorney. It could also be a solicitor general, an attorney from the council itself, a retired prosecutor attorney or more.
The re-assignment process can also take some time. Willis was previously disqualified from a case against Lt. Governor Burt Jones in 2022, but that case has yet to be handed over to someone else.
PREVIOUS COVERAGE: Here’s what happens if Fulton County DA is disqualified from Trump case
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