Decision on Fani Willis, Trump’s Prosecutor in NY
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An Atlanta judge on Friday ruled that Fani T. Willis, the Fulton Country district attorney, could continue leading the prosecution of former President Donald J. Trump and his allies in Georgia, but only if her former romantic partner, Nathan J. Wade, withdraws as the lead prosecutor of the case.
The ruling by Judge Scott McAfee of Fulton Superior Court cut a middle path between removing Ms. Willis for a conflict of interest, which defense lawyers had sought, and her full vindication, with the judge sharply criticizing her behavior. Still, with delays mounting, the case is now unlikely to come to trial before the 2024 presidential election, when Mr. Trump is almost certain to be the Republican nominee.
Here are the details:
Judge McAfee said that no “disqualification of a constitutional officer necessary when a less drastic and sufficiently remedial option is available.” But he concluded “that the prosecution of this case cannot proceed until the State selects one of two options.” Either “the District Attorney may choose to step aside, along with the whole of her office” or “Wade can withdraw” allowing the case to proceed without further distraction.
Although the decision is a setback for Mr. Trump and his 14 co-defendants, leaving in place the district attorney who has been pursuing the case for more than three years, Ms. Willis emerges from weeks of embarrassing hearings and headlines with a bruised reputation that could color the views of a future jury, making convictions more difficult.
Mr. Trump and his co-defendants could appeal the judge’s ruling, as could Ms. Willis, further delaying the proceedings and leaving the matter unresolved indefinitely. The state’s Republican-led Senate is also reviewing the conflict-of-interest accusations, and lawmakers have empowered a new oversight commission to investigate and potentially remove prosecutors.
Judge McAfee’s decision came two days after he quashed six charges in the case against Mr. Trump and his 14 co-defendants, including one related to a call that Mr. Trump made to pressure Georgia’s secretary of state in early January 2021. But he left intact the rest of the racketeering indictment, which initially included 41 counts.
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