Judge rules Fani Willis can stay on Trump's Georgia election case

Fulton County Judge Scott McAfee was highly critical of District Attorney Fani Willis and prosecutor Nathan Wade’s relationship, describing it as being the result of “bad choices.”

The judge described Willis’ fiery testimony last month during one of the hearings over whether to disqualify her as “unprofessional.”

He then added: “This finding is by no means an indication that the Court condones this tremendous lapse in judgment or the unprofessional manner of the District Attorney’s testimony during the evidentiary hearing,” McAfee wrote.

Fulton County Judge Scott McAfee said special prosecutor Nathan Wade should step down if District Attorney Fani Willis remains on the case in order to dispel the “cloud of impropriety” created by their romantic relationship.

“The Court therefore concludes that the prosecution of this case cannot proceed until the State selects one of two options,” McAfee wrote. “The District Attorney may choose to step aside, along with the whole of her office, and refer the prosecution to the Prosecuting Attorneys’ Council for reassignment. Alternatively, SADA Wade can withdraw, allowing the District Attorney, the Defendants, and the public to move forward without his presence or remuneration distracting from and potentially compromising the merits of this case.”

A Fulton County judge ruled District Attorney Fani Willis can stay on and prosecute the Georgia 2020 election interference racketeering case against former President Donald Trump and 14 of his co-defendants.

Judge Scott McAfee said, however, that Willis would have to remove special prosecutor Nathan Wade from the case in order for her and her office to remain.

We're still going through McAfee's ruling. Read his decision here:

Fulton County District Attorney Fani Willis can stay on and prosecute the Georgia 2020 election interference racketeering case against former President Donald Trump and 14 of his co-defendants, Judge Scott McAfee ruled Friday.

McAfee said, however, that Willis would have to remove special prosecutor Nathan Wade from the case in order for her and her office to remain.

CNN has reached out to the district attorney’s office.

Fulton County District Attorney Fani Willis reemerged in the spotlight last year after her office charged 19 co-defendants, including Donald Trump, regarding efforts by the former president and his allies to overturn the 2020 presidential election results.

She campaigned on the premise of restoring integrity to the Fulton County district attorney’s office, was elected after ousting six-term incumbent Paul Howard and inherited a stack of backlogged cases. Within a month, her office was firing off letters to Georgia officials asking them to preserve documents related to attempts to influence the state’s 2020 election.

Besides leading the election subversion probe, Willis has also brought anti-corruption indictments against Grammy-winning rapper Young Thug and his associates. The district attorney has spoken fondly of RICO — the Racketeer Influenced and Corrupt Organizations Act — and has used it in unorthodox ways to bring charges against school officials and musicians, including Young Thug.

From California by way of Washington, DC, Willis obtained her undergraduate degree from Howard University in 1992 and graduated from Emory School of Law in 1996, according to her biography. Her name, Fani, is Swahili and means “prosperous,” and her father was a lawyer and Black Panther.

According to a South Atlanta Magazine profile, she worked in the private sector for five years before becoming assistant district attorney for Fulton County in 2001.

Read more about Fulton County’s first female district attorney.

The Georgia election subversion case against Donald Trump and 14 of his allies took a stunning turn on February 15 when two top prosecutors testified under oath about their romantic relationship at a hearing triggered by allegations of self-dealing that have the potential to derail the entire effort.

The all-day hearing escalated steadily, culminating with Fulton County District Attorney Fani Willis taking the witness stand for a combative brawl with defense attorneys that drew several rebukes from the judge.

Here are takeaways from the hearing that was at times jaw-dropping, awkward and strikingly personal:

Read more from Willis' testimony.

Donald Trump is the first former president in US history to face criminal charges, and with his third presidential bid under way for 2024, the stakes are high for both him and the country.

The Georgia election subversion case is one of four criminal cases against Trump. An Atlanta-based grand jury on August 14, 2023, indicted Donald Trump and 18 others on state charges stemming from their alleged efforts to overturn the former president’s 2020 electoral defeat. Four people have pleaded guilty.

The charges, brought in a sweeping investigation led by Fulton County District Attorney Fani Willis, cover some of the most overt efforts by the former president and his allies to meddle in the 2020 presidential election.

Unlike the election subversion charges brought by special counsel Jack Smith, Willis’ case will be insulated if Trump is reelected in 2024; he will not be able to pardon himself or his allies of any state law convictions, nor will he be able to order the state-level prosecutors to withdraw the charges. Trump pleaded not guilty via court filing, waiving an in-court appearance as allowed by Georgia law.

On March 13, Fulton County Superior Court Judge Scott McAfee dismissed six of the 41 counts from the indictment, including three that applied to Trump.

The partial dismissal does not mean that the entire indictment has been dismissed. McAfee’s partial dismissal left most of the sprawling racketeering indictment intact.