Fulton County, Georgia, District Attorney Fani Willis’ romantic relationship with her lead special prosecutor has no bearing on the legality or validity of the cases against Donald Trump and 18 others accused of criminal behavior in trying to undermine a lawful election in Georgia. That doesn’t mean she is without fault.
Ms. Willis has acknowledged having a relationship with the special prosecutor she hired to head the case, Nathan Wade, though she disputes that he spent money on her that was not balanced by money that she spent on the relationship. Rather than acknowledge her misstep, she defended her actions with a lengthy legal brief that doesn’t address key ethical questions having to do with hiring practices in Georgia.
It’s an unfortunate sideshow in a case that cannot afford it. However, whatever went on between the two of them has no legal bearing on the case against Mr. Trump and should be dismissed by the judge.
The case brought by Ms. Willis contends that the former president and others illegally tried to overturn Mr. Trump’s loss in the 2020 presidential election in Georgia. Mr. Trump and 18 others were indicted in August.
The indictment is on solid ground and should be resolved in a way that is above reproach as a response to those many many Republicans, including unfortunately Ohio’s junior U.S. Senator, J. D. Vance, who continue to give credence to the stolen election lie.
A co-defendant of Mr. Trump has asked for Ms. Willis’ removal, claiming she has a conflict of interest. There is no good legal foundation for that claim, and it should be thrown out, with prejudice.
A friend-of-the-court brief filed by a bipartisan coalition of legal and ethical experts analyzed the circumstances and determined that nothing which either Ms. Willis or Mr. Wade did compromised the case. That doesn’t excuse Ms. Willis from what appears to have been irresponsible and bringing her office under unwanted scrutiny.
Ms. Willis should acknowledge that she has acted indiscreetly and should reimburse Mr. Wade for any expenses made on her behalf.
The court should then dismiss the bogus claim of conflict of interest so the Fulton County prosecutor can get back on with the case with all appropriate dispatch.
First Published February 11, 2024, 5:00 a.m.