Fulton County District Attorney Can Continue Leading Georgia Election Interference Case
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Fulton County District Attorney Fani Willis can continue to helm the Georgia election interference case – if her top special prosecutor, Nathan Wade, steps aside. The decision bolsters chances that 15 defendants including former President Donald Trump will face trial in Georgia for attempting to overturn the 2020 election result.
In a 23-page ruling that followed hours of dramatic courtroom testimony last month, Fulton Superior Judge Scott McAfee ruled that Willis' romantic relationship with Wade, the top special prosecutor she hired, created the appearance of a conflict of interest, but did not require her disqualification. McAfee wrote that, "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."
The decision marks a significant turning point in the multi-year-long quest to investigate efforts to undermine the 2020 election result in Georgia. Willis, the first Black woman elected district attorney in Fulton County, took office just days before the Jan. 6 attack on the U.S. Capitol. Though appeals are expected, prosecutors and the judge can turn their focus back on moving the case toward trial.
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Known for her sharp courtroom skills and affinity for deploying Georgia's racketeering law to prosecute complex webs of criminal activity, Willis guided the case through months of investigation by a special investigative panel to a grand jury, which handed up a sweeping indictment of 19 people last August. The case focuses on efforts by Trump and his allies to overturn Georgia's 2020 election result by pressuring state officials and election workers, submitting a slate of false electors, and attempting to tamper with sensitive voting equipment.
In January, one of the co-defendants, former Trump campaign official Michael Roman, accused Willis of misconduct that threatened to blow up, or at least derail, the case. Roman alleged that Willis enriched herself off the case by taking fancy vacations with Wade, funded by his compensation for the case. Willis and Wade said she paid her own way on the trips or reimbursed him in cash for her share of the expenses.
In the end, McAfee found that, "the evidence demonstrated that the financial gain flowing from her relationship with Wade was not a motivating factor on the part of the District Attorney to indict and prosecute." And he wrote that the defendants failed to show how Willis' conduct influenced the case. Still, the judge found that Georgia courts have applied a higher standard – that prosecutors must avoid even the appearance of a conflict.
While Willis is likely to remain on the case, the allegations could still leave lasting damage. Georgia Republicans have initiated several avenues to investigate Willis. A special state Senate committee with subpoena power launched earlier this year to investigate Willis for alleged misconduct. Georgia Republicans are also implementing a new oversight council with the power to remove elected prosecutors for misconduct.
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