Georgia Judge in Trump Case Targets February Hearing on Fani Willis Allegations
Scott McAfee, overseeing the case, says he wants to avoid ‘dragging it out’
ATLANTA—A cloud of uncertainty could hang over Donald Trump’s criminal case in Georgia for several more weeks.
Fulton County Superior Court Judge Scott McAfee said Friday that early February was likely the soonest he could schedule a hearing to consider removing Fulton County District Attorney Fani Willis from the criminal case she brought against the former president and others. McAfee said he was awaiting a response from Willis to claims that she hired her alleged romantic partner, Atlanta lawyer Nathan Wade, to the case as a special prosecutor—and that they both benefited from the arrangement financially.
The judge said he wanted to give defense lawyers a chance to investigate the allegations, but also that he didn’t want them lingering over the case for too long. “What I’m trying to avoid is dragging it out because other parties want to piggyback and do their own separate investigation, if you will,” he said.
“I don’t know when the state is planning to file a response, but at some point we will have to set it for a hearing,” he added.
Willis’s office previously said she would respond in a court filing. As of Friday afternoon, she hadn’t commented on the allegations. Willis wasn’t present at the hearing Friday. Wade attended and briefly argued for the prosecution on other matters. He didn’t address the allegations.
The hearing Friday was the first since the motion to dismiss the case, and disqualify Willis, was filed Monday by attorney Ashleigh B. Merchant, a lawyer for Trump co-defendant Mike Roman. Merchant’s filing didn’t provide proof of a romantic relationship between Willis and Wade, but she said sealed records from Wade’s divorce proceeding from his wife would substantiate her allegations. She has asked a judge to make those records public. Willis has been subpoenaed to testify in that divorce case as a witness.
Defense lawyers have been reviewing the allegations to decide whether to join in the motion.
Trump attorney Steve Sadow mentioned the allegations in court Friday, saying they were “salacious and scandalous in nature.” He said he wanted to see a response from prosecutors before deciding to join Roman’s motion.
“I’m leery of moving to adopt motions that make such allegations, without having a better understanding or substantiation of the allegations,” Sadow said.
Last year, Willis, a Democrat, announced an indictment against Trump and 18 others, alleging a criminal enterprise to overturn Trump’s 2020 defeat in Georgia, the first loss in the state by a Republican presidential candidate since 1992. The indictment alleges a wide-ranging conspiracy to reverse Trump’s loss, including pressuring state elected officials, tampering with voting machines and putting forth a slate of self-proclaimed “electors” to declare Trump had won in Georgia, when he had lost.
Trump and his co-defendants pleaded not guilty, though some later cut plea deals with Willis.
The Republican-led House Judiciary Committee sent a letter Friday to Wade, saying it was investigating whether Trump’s case in Georgia “was aided by partisan Democrats in Washington.” The letter demanded Wade turn over any communications he has had with the White House or the Justice Department.
Merchant’s filing included expense reports allegedly submitted by Wade while working on the Trump case. Two of them made reference to interactions with White House officials.
Willis’s office sought guidance in 2022, during its investigation of Trump, from Biden White House lawyers about the scope of a 1951 Supreme Court case, Touhy v. Ragen, according to a person familiar with the matter. That decision said local prosecutors are required to get authorization from the federal government to question current or former employees.
A spokesman for Willis didn’t immediately respond to a request for comment on the letter. Wade didn’t immediately respond to a request for comment left on the voicemail at his law office.
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