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Judge rules on Fulton DA Fani Willis status for election interference case

Fulton County Court Holds Hearings Ahead Of Trump Georgia Election Case ATLANTA, GA - MARCH 01: Fulton County Superior Judge Scott McAfee presides in court during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on March 1, 2024 in Atlanta, Georgia. The hearing is to determine whether Fulton County District Attorney Fani Willis should be removed from the case because of a relationship with Nathan Wade, special prosecutor she hired in the election interference case against former President Donald Trump. (Photo by Alex Slitz-Pool/Getty Images) (Pool/Getty Images)

Fulton County District Attorney Fani Willis must either step aside or cut ties with her special prosecutor before the election interference case against Donald Trump can move forward, a judge ruled Friday.

In a much-anticipated decision, Superior Court Judge Scott McAfee said Willis must choose one of the two options to cure an appearance of impropriety fueled by her romantic relationship with lead prosecutor Nathan Wade, who has billed more than $728,000 in legal fees to county taxpayers and helped pay for trips he took with the district attorney.

Friday’s ruling was a blow to the defense, who have argued that Willis and her whole office should be disqualified and the indictment should be dismissed in its entirety.

McAfee said defense attorneys had failed to prove Willis had an actual conflict of interest through her relationship and travels with Wade.

If Wade withdraws, the Fulton County case — one of four criminal prosecutions against Trump — would resume. If Willis were to make the highly unexpected decision to recuse herself and her office, the case would go to the Prosecuting Attorneys Council of Georgia to be reassigned to a new prosecutor.

Both sides could also try to appeal McAfee’s ruling to the state Court of Appeals.

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