Fani Willis Disqualification Is “Possible,” Judge Says

By Catherine Yang of The Epoch Times

Fulton County Superior Judge Scott McAfee confirmed on Feb. 12 that the hearing about misconduct claims against Fulton County District Attorney Fani Willis and special prosecutor Nathan Wade “must occur” on Feb. 15 and could lead to disqualification.

Ms. Willis is presiding over the high-profile racketeering case that names former President Donald Trump and 14 others.

“I think it’s clear that disqualification can occur if evidence is produced presenting a conflict or the appearance of one, and the filings submitted on this issue so far have presented a conflict of interest that can’t be resolved as a matter of law,” Judge McAfee said.

Ms. Willis will be called as the first witness, the judge said after hearing some of the prosecutors’ arguments. “I don’t see how quash can be imposed here,” he said, referring to the district attorney’s effort to dismiss the subpoenas.

On Feb. 12, the judge held a hearing regarding the district attorney’s motions to quash the nine subpoenas issued on Ms. Willis herself and her staffers, ahead of this week’s anticipated hearing where the district attorney will have to respond to allegations of an “improper” relationship.

On Jan. 8, defendant Michael Roman filed a lengthy motion that alleged Ms. Willis was in a personal relationship with Mr. Wade, an attorney with a private law firm whom she had contracted to take a lead position in the racketeering case. He alleged that Mr. Wade took Ms. Willis on “lavish” vacations including a cruise, and that she financially benefited from the situation.

He also made several other allegations including that Mr. Wade wasn’t qualified for the position and that Ms. Willis used funds improperly, which the judge indicated would not be the focus of the Jan. 15 evidentiary hearing. After the huge claims were made, several codefendants filed their own motions to disqualify Ms. Willis based on “prejudicial” actions.

“Specifically looking at defendant Roman’s motion, it alleged a personal relationship that resulted in a financial benefit to the district attorney that is no longer a matter of speculation,” the judge said. “The state has admitted a relationship existed, and so what remains to be proven is the existence and extent of any financial benefit, again if there even was one.”

Judge McAfee said the claims of prejudice were based on public statements—a speech Ms. Willis gave at an Atlanta church where she invoked God and said her critics were playing the “race card”—and did not warrant a hearing meant to produce evidence for the record. Other issues such as Mr. Wade’s resume also did not warrant an evidentiary hearing, the judge said.

The district attorney had filed a motion arguing that no evidentiary hearing was necessary because no conflict of interest had occurred, but the judge rejected the argument.

“Because I think it’s possible that the facts alleged by the defendant could result in disqualification, I think an evidentiary hearing must occur to establish a record on those core allegations,” Judge McAfee said.

He said the hearing will focus on “whether a relationship existed, whether that relationship was romantic or not in nature, when it formed, and whether it continues.”

“I think that’s only relevant because it’s in relation to the question of the extent of any personal benefit conveyed as a result of the relationship,” Judge McAfee said.

Mr. Roman’s attorney, Ashleigh Merchant, alleged that the relationship began as early as 2019 and the couple cohabited at one point, and claimed in a court filing that she could produce witnesses to testify to these allegations.

Mr. Wade had submitted a sworn affidavit stating that he had met Ms. Willis in 2019 but a “personal relationship” began only in 2022, and that Ms. Willis split expenses with him so there was no financial benefit.

Anna Cross, another one of the prosecutors contracted by the district attorney for the case, said during the Feb. 12 hearing that none of the subpoenaed witnesses have anything to say that contradicts Mr. Wade’s affidavit.

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