Fulton County Superior Court Judge Scott McAfee is presiding over an evidentiary hearing Thursday to consider a Trump co-defendant’s motion to disqualify Fulton County District Attorney Fani Willis and her office from prosecuting the 2020 election interference case in Georgia. A co-defendant claims Willis is involved in an “improper” romantic relationship with one of the top prosecutors working the case.
Michael Roman, a former Republican National Committee staffer, alleged that Willis had an improper relationship with special prosecutor Nathan Wade, paid him more than $650,000 for his work for the D.A.’s office and then benefited financially from the relationship when Wade allegedly took her on cruises and trips.
A filing by the Fulton County D.A.’s office earlier this month confirmed there had been a romantic relationship between Willis and Wade but stated that it began long after Willis hired him. In an affidavit, Wade also denied that he had any financial interest in the outcome of the Georgia election interference case.
McAfee has not yet ruled on whether Willis and Wade will be compelled to testify. He said he would defer that ruling until he gets “deeper into the hearing” on Thursday.
McAfee said earlier this week that the evidentiary hearing must occur because it’s “possible that the facts alleged … could result in disqualification” and “to establish the record on those core allegations.”
He listed these issues: Whether a relationship existed, whether it was romantic, when it formed, whether it continues and any personal benefit conveyed as a result of the relationship. McAfee has also said that some of the arguments made by Roman’s attorney are not relevant, like Wade’s alleged lack of experience in handling racketeering cases like the Trump case.
“As long as a lawyer has a heartbeat and a bar card,” that lawyer’s appointment is within the D.A.’s discretion, McAfee said Monday.
Nor has he found violations of Fulton County case law code, which would be relevant to a motion to disqualify a prosecutor for a pending criminal case.
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