Judge expected to decide Friday on disqualifying Fulton FA Fani Willis from election indictment
Friday is the end of a self-imposed two week deadline set by Judge Scott McAfee for his consequential decision
ATLANTA, Ga. (Atlanta News First) - Friday is the close of a self-imposed two-week deadline set by Fulton County Superior Court Judge Scott McAfee for his consequential decision that could alter the course of Georgia’s historic election indictment.
After weeks of testimony following the revelation of allegations that Fulton County District Attorney Fani Willis was dating Nathan Wade, one of the case’s top prosecutors, McAfee will have to decide by close of business on Friday whether to remove Willis and Wade from the case.
Attorneys for several defendants filed a motion in January alleging that Willis had been paying Wade while the two were dating and embarking on cruises and vacations together while prosecuting the case. The defendants and their attorneys, including former President Donald Trump, claimed it was a conflict of interest and a misuse of taxpayer dollars and asked McAfee to bar Willis from further prosecution if not dismiss the case entirely.
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“Judge McAfee has wide discretion to choose what the result we’re all expecting to hear tomorrow is going to be,” Josh Schiffer, an Atlanta attorney, said. “Georgia law has been crafted in a way to give enormous power and discretion to the people on the ground, especially our judges.”
In other words, McAfee has every option at his disposal. He can remove Willis and Wade from the case, remove just one of them or keep the prosecution team intact and issue written warnings to the state.
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“I do believe he’s going to use a remedy, and that’s what judges are supposed to do. They’re supposed to take a look at the entire situation, apply the law and their wisdom and discretion in ensuring the best interests of justice are met,” said Schiffer. “He has a lot of different remedies on his menu, everything from disqualifying Fani Willis’ office entirely, all the way to just writing out some warnings, or cautioning individuals to do one thing or another.”
If Willis were to be disqualified from the case, it would have vast implications. It would likely be turned over to Peter Skandalakis, director of the Prosecuting Attorneys Council of Georgia (PACG), a little-known body that has had a lot of involvement in the indictment already.
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When Willis was barred from including Georgia Lt. Governor Burt Jones in the indictment after throwing a fundraiser for his opponent for the state’s second-highest office, his potential prosecution was handed over to the PACG, which has still yet to find a prosecutor to take on the investigation.
That’s for one possible defendant — finding a prosecutor willing to take on a case with more than a dozen defendants would be difficult and likely impossible.
“If this case is sent to Pete Skandalakis, I don’t believe there’s any opportunity to actually try this case before the election,” said Schiffer. “That’s a very extreme remedy. And my personal belief is that there’s not been enough evidence presented to force a disqualification. To force a disqualification is an extraordinarily high burden.”
Regardless, any decision McAfee makes will likely be appealed, delaying the start of a trial even further.
“Any remedy that is imposed by Judge McAfee can be appealed by any of the parties,” said Schiffer. “It’s going to be appealed just like any other ruling from the court. However, the moment you begin an appeal, it can stop the case as you wait for the appeal to be considered.”
Willis’ real race is against the calendar. The general election is in November and if Trump were to win reelection he can, and very likely will, claim immunity from prosecution while he’s serving.
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