Donald Trump’s attempt to dismiss the Georgia election interference indictment suffered a setback as Judge Scott McAfee ruled that the Fulton County District Attorney’s Office can continue with the case.
The RICO prosecution hit a roadblock when former Trump campaign official Mike Roman revealed that DA Fani Willis had a romantic relationship with Nathan Wade, an external lawyer appointed for the case. This information prompted a motion to either dismiss the case or disqualify the Fulton County District Attorney.
While the court remained unconcerned about the procedural complaints, it conducted lengthy public hearings examining the personal lives and finances of the involved parties. The court reprimanded the Fulton County District Attorney’s Office for apparently misinforming the court about the nature and timeline of the relationship between DA Willis and Wade.
Vexed by the seeming impropriety, Judge McAfee warned about the risk of public perception, which can undermine faith in the legal system. However, he concluded that the court has discretion in the event of perceived impropriety, as opposed to an actual conflict of interest requiring the disqualification of the entire DA’s Office.
Noting Willis’s lack of a financial interest in the case’s prolongation, the court ruled that disqualifying the entire DA’s Office or dismissing Wade could rectify the situation. The court also objected to Wade’s attempt to hide his relationship with DA Willis.
It censured DA Willis’s decision to publicly label defendants’ motions as playing the “race card”. Judge McAfee suggested that an order to stop mentioning the case in public might be necessary to prevent prejudicial pretrial publicity.
The defendants are likely to appeal the ruling, but for now, the Fulton County District Attorney’s Office remains in charge of the Trump RICO case, albeit with a tarnished reputation.
Report by Liz Dye, who produces the Law and Chaos substack and podcast.
Originally published online at Above the Law.