Special Prosecutor Nathan Wade has resigned from his role in former President Donald Trump’s election interference trial after a judge ruled that either he or Fulton County District Attorney Fani Willis must step down due to a previously undisclosed improper relationship.
Fulton County Superior Court Judge Scott McAfee, who is overseeing the election interference trial, ruled on Friday morning that Willis would be allowed to remain as a prosecutor in the trial if Wade resigned.
This ruling prompted Wade to send a letter of resignation to Willis in which he stated that he was resigning in the “interest of democracy, in dedication to the American public, and to move this case forward as quickly as possible.”
Willis accepted Wade’s resignation as special prosecutor, stating in a letter that she appreciated his professionalism and dignity throughout the process.
“I will always remember — and will remind everyone — that you were brave enough to step forward and take on the investigation and prosecution of the allegations that the defendants in this case engaged in a conspiracy to overturn Georgia’s 2020 Presidential Election,” she wrote in the letter, which was posted to social media by a reporter at The Guardian.
“Others who were considered were understandably concerned for the safety of themselves and their families that would arise from their acceptance of your role. You were the only one who had the courage to accept the role, even though you did not seek it,” she wrote.
Willis will remain on the case, but it is unclear who will fill the role vacated by Wade.
McAfee wrote in his ruling that Trump and his co-defendants “failed to meet their burden” of proof regarding whether there was a conflict of interest due to the relationship between Willis and Wade, per The Washington Post.
The judge acknowledged the likely impropriety but stated that the defendants did not provide enough evidence to warrant Willis’ removal.
“Ultimately, dismissal of the indictment is not the appropriate remedy to adequately dissipate the financial cloud of impropriety and potential untruthfulness found here,” McAfee wrote, per CNN.
McAfee wrote that the alleged impropriety within the prosecution clearly “infects the current structure of the prosecution team — an appearance that must be removed through the State’s selection of one of two options,” per CNN.
The ruling came more than two months after co-defendant Mike Roman presented concerns that Willis and Wade had engaged in an “improper, clandestine personal relationship,” per The Washington Post.
Roman alleged that Willis financially benefitted from Wade’s role as special prosecutor and that the two were in a relationship before he was appointed to his position in November 2021, per NBC News.
A two-day evidentiary hearing held in February involved lawyers for the co-defendants tracing a paper trail to provide insight into the alleged relationship between the two prosecutors, according to Fox News.
During the trial, Robin Yeartie, a former Fulton County District Attorney Office employee and “good friend” of Willis, testified that she had “no doubt” the relationship between Wade and Willis started in 2019.
Her testimony came in direct conflict with testimonies from the two claiming that their relationship started in 2022; however, Yeartie stated that she witnessed shows of “affection” such as “hugging” and “kissing” before the timeline claimed by Wade and Willis, per Fox News.
Willis has also been criticized for allegedly misusing federal taxpayer money that was originally meant to benefit youth in the community, with House Judiciary Chairman Jim Jordan (R-OH) threatening to take legal action if the district attorney does not comply with a subpoena.
“According to a recent report, your office unlawfully ‘planned to use part of a $488,000 federal grant — earmarked for the creation of a Center of Youth Empowerment and Gang Prevention’ — to cover frivolous, unrelated expenses,” reads the subpoena, per ABC News.
Jordan wrote in a letter to Willis that “compliance with the subpoena to date is deficient,” adding that his team was prepared to take additional action if the subpoena requirements were not met, The Hill reported.
“If you fail to do so, the Committee will consider taking further action, such as the invocation of contempt of Congress proceedings,” he wrote, per ABC News.
The letter included a deadline of March 28 to provide the requested documents, though it did not specify what the taxpayer money was allegedly allocated to instead of its original purpose, per ABC News.
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