Why did Wade resign?

After a Georgia judge declared Wade’s resignation a requirement for Willis to continue working on the case, Fulton County District Attorney Fani Willis accepted the resignation of Nathan Wade, her top special prosecutor in the case involving former President Donald Trump’s election meddling.

This ruling increases the likelihood that fifteen defendants—among them former President Donald Trump—will go on trial in Georgia for their efforts to void the results of the 2020 election.

Fulton Superior Judge Scott McAfee determined last month that although Willis’ intimate involvement with Wade, the lead special prosecutor she hired, appeared to present a conflict of interest, she was not required to step down as a result of the 23-page judgment that followed hours of dramatic evidence in court. According to McAfee, “It is reasonable for an outsider to assume that the District Attorney is not fully free from any compromising influences while exercising her independent professional judgment.” This erroneous belief will endure as long as Wade is involved in the case.”

McAfee demands regarding involvement of Wade in the case.

McAfee offered prosecutors an option: Willis must step down and “refer the prosecution to the Prosecuting Attorneys’ Council for reassignment” if Wade does not quit the case.

In a letter acknowledging Wade’s departure, Willis said that she was impressed by “his professionalism and dignity.”
The ruling represents a major turning point in the investigation into attempts to tamper with Georgia’s 2020 election results, which has lasted for several years. A few days prior to the attack on the U.S. Capitol on January 6, Willis became the first Black woman to be elected as district attorney in Fulton County. Prosecutors and the judge can return their attention to advancing the case toward trial, even though appeals are anticipated.

Although there are still 35 counts in the indictment, McAfee struck down six of them earlier this week.

The case was led by Willis, who is well-known for her astute legal acumen and her ability to use Georgia’s racketeering law to prosecute intricate networks of criminal activity, through months of investigation by a special investigative panel before reaching a grand jury that returned a broad indictment of 19 individuals in August 2010. The case centers on attempts by Trump and his associates to manipulate election workers and state authorities, present a slate of fictitious electors, and interfere with key voting equipment in a bid to reverse Georgia’s 2020 election outcome.

Michael Roman, a former campaign official for Trump, who was one of the co-defendants, accused Willis of inappropriate behavior in January, threatening to blow up or at least derail the case. Roman said that Willis profited financially from the lawsuit by going on opulent trips with Wade, which were paid for by Wade’s settlement. According to Willis and Wade, she covered her own expenditures for the excursions or gave him cash back to cover her portion of the costs.

Lawyers argued about the beginning of Willis and Wade’s connection as well as the accuracy of their assertions that Willis paid Wade back in cash during a multi-day evidence hearing held last month.

The district attorney entered the courtroom and stated that she wished to testify as the prosecution opposed a subpoena for Willis to take the stand. The testimony became so heated that McAfee had to request a five-minute break as Willis and the defense lawyers argued over private information.

At the end of the day, McAfee determined that “the evidence demonstrated that the financial gain flowing from her relationship with Wade was not a motivating factor on the part of the District Attorney to indict and prosecute.” He also stated that the defendants had not demonstrated how Willis’ actions affected the outcome of the case.

“Defendants argue that the financial arrangement created an incentive to prolong the case, but in fact, there is no indication the District Attorney is interested in delaying anything,” concluded McAfee.

The judge did find, however, that Georgia courts have adopted a stricter approach, requiring prosecutors to prevent even the appearance of a conflict.

“Our highest courts consistently remind us that prosecutors are held to a unique and exacting professional standard in light of their public responsibility – and their power,” McAfee wrote in a letter. “Every newly minted prosecutor should be instilled with the notion that she seeks justice over convictions and that she may strike hard blows but never foul ones.”

Furthermore, McAfee determined that disqualifying a duly elected district attorney was not necessary “when a less drastic and sufficiently remedial option is available,” despite making it clear that the court does not condone “this tremendous lapse in judgment or the unprofessional manner” of Willis’ testimony last month.

McAfee, 34, is the newest member of the Fulton County Superior Court’s judicial panel. Approximately a year ago, he took the oath of office following his appointment by Republican Governor Brian Kemp. He has been praised for his calm handling of courtroom tensions and the intricate details of a broad racketeering case involving a former president. He is presently seeking election to a full term.

“While respecting the Court’s decision… we will use all legal options available as we continue to fight to end this case, which should never have been brought in the first place,” Steve Sadow, the lawyer for Donald Trump, wrote.

As of right now, the district attorney’s office has not replied to the judge’s directive.

The accusations may have long-term effects even though Willis is probably going to stay involved in the case. Republicans in Georgia have started a number of inquiries against Willis. Earlier this year, a special state Senate committee was established with subpoena power to look into allegations of misbehavior against Willis. Additionally, a new monitoring body headed by Republicans in Georgia will have the authority to dismiss elected prosecutors for wrongdoing.

It’s likely that prospective jurors in the election meddling case have seen the drama play out over the past several weeks, which may have influenced how they see the prosecutor’s and the case’s credibility.

A trial date has not yet been set for the remaining defendants, despite the fact that McAfee successfully navigated an unwieldy array of over a dozen defendants, their attorneys, and the former president’s packed legal calendar. Four defendants have already entered guilty pleas to charges connected to attempts to overturn the results of the 2020 election.

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