Judge: Fani Willis can Stay on the Trump Case

An appearance of impropriety is now insufficient for disqualification.

Fulton County Judge Scott McAfee has issued his long-awaited order on the Defendants’ motions to disqualify District Attorney Fani Willis and her former lover, Special Prosecutor Nathan Wade.

We’ll start with the main conclusion. According to Judge McAfee, because there are “reasonable questions about whether the District Attorney” and Wade lied about their romantic relationships:

“The prosecution of this case cannot proceed until the State selects one of two options. The District Attorney may choose to step aside, along with the whole of her office, and refer the prosecution to the Prosecuting Attorneys’ Council for reassignment. Alternatively, SADA Wade can withdraw, allowing the District Attorney, the Defendants, and the public to move forward without his presence or remuneration distracting from and potentially compromising the merits of the case.”

That’s an illogical ruling, and Judge McAfee spends no time explaining why it is appropriate. In effect, Judge McAfee is holding that one potential liar can prosecute the case – but not both potential liars. If one must go, why not both?

McAfee doesn’t provide answers. The remedy to “cure” the appearance of impropriety actually allows the appearance of impropriety to continue through the prosecution of Donald Trump, et al.