Fulton County District Attorney Fani Willis in a court filing published Friday argued the forced resignation of former Special Counsel Nathan Wade was a “boon” to former President Donald Trump and the other defendants in her Georgia racketeering case against the former president and his allies over their contest of the 2020 election results.
In a filing submitted on August 5, the district attorney’s office argued the victory for the defendants, though ultimately unnecessary, provides the necessary appearance of impropriety to dismiss their appeal.
The Georgia Court of Appeals is currently slated to hear an appeal from defendants in the Trump trial over the ruling by Superior Court Judge Scott McAfee, which determined Willis could continue her prosecution of the former president so long as Wade stepped aside.
McAfee determined testimony provided by witnesses called by defense attorneys was not enough to prove Willis enriched herself from Wade’s appointment, despite the two being engaged in a romantic relationship and despite Wade paying for the couple’s luxurious vacations on his company credit card.
However, he ruled that either Willis or Wade must step down from the case due to the appearance of impropriety created by their relationship, prompting Wade’s rapid departure.
Unsatisfied with Wade’s resignation, the defendants requested, and were granted permission, to appeal the ruling by McAfee.
“Having failed to adequately support their chosen theories or persuade the trial court on their central point, the Appellants still received the boon of the withdrawal of a special prosecutor,” wrote an attorney working under Willis in her office’s response to the appeal.
The district attorney’s filing argued that McAfee’s ruling sufficiently addressed the concerns over Willis’ relationship with Wade, argued Trump and his co-defendants were unable to prove she financially benefited from the special prosecutor’s appointment, and that the previous ruling by the Georgia Supreme Court which barred Willis from investigating Lieutenant Governor Burt Jones is a “red herring” which should not apply to the other defendants.
The Georgia Court of Appeals has scheduled its first hearing in the Trump case for December 5 and also formally froze proceedings in the case against Trump until it makes a decision about Willis. Thus, it is virtually impossible that Trump’s trial in Georgia will start before voters cast ballots in November.
Willis’ conduct is being investigated by the Georgia State Senate, where the committee overseeing the investigation held its fifth meeting on Friday, and The Atlanta Journal-Constitution reported State Senator Bill Corwsert (R-Athens) suggested lawmakers could craft legislation to “regulate district attorneys’ conduct and the use of special grand juries and special prosecutors.”
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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Pennsylvania Daily Star and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
Photo “Nathan Wade” by Wade & Campbell. Photo “Fani Willis” by Fulton County District Attorney’s Office.
