Judge McAfee’s Decision: ‘Appearance of Impropriety’ to Persist

A stark reflection on the absurdities underpinning the administration of justice: Fani Willis may continue her involvement in the Trump case, as long as special prosecutor Nathan Wade, steps aside.

Kate Chandler is a pseudonym; she is a court researcher and investigator covering ongoing trials in Georgia.

Fulton County Judge Scott McAfee found “that the evidence did not establish the District Attorney’s receipt of a material financial benefit as a result of her decision to hire and engage in a romantic relationship with Wade. 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.”

Further, Judge McAfee determined that “even after considering the proffered cellphone testimony from Defendant Trump,” — implicating Willis and Wade in several late-night encounters during a period both Willis and Wade have denied any romantic involvement — “along with the entirety of the other evidence, neither side was able to conclusively establish by a preponderance of the evidence when the relationship evolved into a romantic one.” 

Still, “an odor of mendacity remains.”

Judge McAfee acknowledged an estimated benefit of $12,000 to $15,000 to Willis, arising from financial exchanges with Wade. Both Willis and Wade testified that these expenditures were not intended as gifts nor were they meant to financially benefit Willis. They claimed that Willis routinely reimbursed Wade in cash. “However, as the District Attorney herself acknowledged, no ledger exists. Other than a ‘best guesstimate,’ there is no way to be certain that expenses were split completely evenly…”

Additionally, the court found “that the record made at the evidentiary hearing established that the District Attorney’s prosecution is encumbered by an appearance of impropriety,” and that “The testimony introduced, including that of the District Attorney and Wade, did not put these concerns to rest.” Judge McAfee further described Wade's explanations for discrepancies in his divorce interrogatories as "patently unpersuasive." 

After sifting through two and a half days of testimony, Judge McAfee has concluded that the Defendants have not sufficiently shown that the District Attorney incurred “an actual conflict of interest” through her personal escapades and repeated travels with her personally appointed prosecutor. McAfee presented Willis with two options: Either she, along with her entire office, steps down, leaving the Prosecuting Attorneys’ Council to reassign the case, or the special prosecutor, Nathan Wade, can withdraw.

Nathan Wade has since resigned, allowing Willis to remain on the case. Read the full order here: 

https://www.scribd.com/document/713687301/Order-on-Defendants-Motion-to-Dismiss-and-Disqualify-the-Fulton-County-District-Attorney