Judge: Fani Willis Can Stay on Case, With One Condition

UPDATE Mar 15, 2024 8:25 AM CDT

Nathan Wade has withdrawn from the case, allowing Fani Willis to remain.

Mar 15, 2024 8:25 AM CDT

Fulton County District Attorney Fani Willis can remain on the case she brought against Donald Trump in Georgia—but only if her former romantic partner leaves as lead prosecutor. The other option is that she recuse herself and let Nathan Wade continue without her, per Axios. Judge Scott McAfee of Fulton Superior Court in Atlanta issued his much-awaited ruling on Friday, reports the New York Times. The "prosecution of this case cannot proceed until the State selects one of two options," the judge wrote. When that happens, the sweeping election-interference case can move on as normal.

The judge ruled that Willis' critics "failed to meet their burden" in showing that her relationship to Wade was a disqualifying "conflict of interest," per the Washington Post. On the other hand, he didn't like the "appearance of impropriety" at play and feared it could affect the case. The defendants had argued that Willis appointed Wade to the case, then benefited financially because, among other things, he paid for trips the two of them took. Both took the stand and rejected the idea that she improperly benefited.

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Still, as "the case moves forward, reasonable members of the public could easily be left to wonder whether the financial exchanges have continued resulting in some form of benefit to the District Attorney, or even whether the romantic relationship has resumed," the judge wrote, per the AP. "Put differently, an outsider could reasonably think that the District Attorney is not exercising her independent professional judgment totally free of any compromising influences. As long as Wade remains on the case, this unnecessary perception will persist." There was no immediate word on Willis' next steps. (More Fani Willis stories.)