Fulton County Superior Court Judge Scott McAfee warned on Monday that District Attorney Fani Willis could face “disqualification” from prosecuting her case against former President Donald Trump as a result of her admitted relationship with special prosecutor Nathan Wade, who she appointed to oversee the case.
McAfee made the remarks during a court appearance sparked by Willis’ desire to block a subpoena from Trump’s co-defendant, Michael Roman, who originally made the allegations of a corrupt relationship between Willis and Wade.
“I don’t see how quashal can be imposed here,” McAfee told the prosecutors, shutting down the attempt to block testimony from Willis and Wade.
Neither Willis nor Wade appeared on behalf of her office, and Fulton County attorneys Sandy Munroe and Shalanda Miller appeared remotely via Zoom. Attorneys for Roman appeared in person.
In addition to the existence of their romantic relationship, which remained concealed until Willis’ office replied to Roman’s claims in a court filing, Roman alleges that Willis financially benefited from the relationship through luxurious vacations and gifts purchased by Wade using the money he gained from Fulton County taxpayers. Wade has earned more than $650,000 since being appointed by Willis.
Roman, as a result, subpoenaed Willis, Wade, and a series of professionals connected to the duo to testify on Thursday.
“I think it’s clear that disqualification can occur if evidence is produced demonstrating an actual conflict or the appearance of one,” McAfee said in the Monday hearing.
The judge continued, “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. And so because I think its possible that the facts alleged by the defendant could result in disqualification, I think an evidentiary hearing must occur to establish the record on those core allegations.”
McAfee explained, “I think the issues at point here are whether a relationship existed, whether that relationship was romantic or non-romantic in nature, when it formed, and whether it continues. And that’s only relevant because it’s in combination with the question of the existence and extent of any personal benefit conveyed as a result of their relationship.”
Roman’s lawyers claim they have witnesses who will testify the romantic relationship between Willis and Wade began in 2019, around two years before Willis would appoint Wade to oversee her case against Trump. Willis maintained the relationship began after she appointed Wade.
The attorneys for Roman also recently launched a lawsuit against Willis’ office in Fulton County over an alleged refusal to comply with open records requests. Explaining the situation before McAfee, the Fulton County attorneys maintained their office has adequately complied with the open records requests.
Willis and Wade will appear in court and testify about their romantic relationship on Thursday.
Watch the full court hearing:
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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Georgia Star News, The Virginia Star, and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to pappert.tom@proton.me.
Image “Fulton County DA Fani Willis” by Fulton County.