Fulton County District Attorney Fani Willis after a grand jury indicted former President Donald Trump and his allies for trying to overturn the state’s 2020 election results on August 14, 2023 in Atlanta. Speaking at a news conference alongside prosecutor Nathan Wade.
Elijah Novelage | Elijah Novelage Reuters
Special prosecutor Nathan Wade is resigning from the Georgia election interference case against former President Donald Trump and his co-defendants, Fulton County Superior Court Judge Scott Scott McAfee saved the case Friday after ruling that Wade or District Attorney Fani Willis must resign on their own.
“I hereby tender my resignation, effective immediately,” Wade wrote in a letter to Willis on Friday, adding that he was resigning “in order to move forward with this case as quickly as possible.”
Wade’s announcement comes after McPhee made a decision earlier in the day that represented middle ground after explosive revelations that Willis and Wade were in a relationship for more than a year during the investigation and prosecution of the case. . Accounts vary widely as to exactly when the relationship began.
Just two days before Friday’s decision and Wade’s subsequent announcement, McPhee dismissed six counts in Willis’ case, including three against Trump, ruling that the basis for the charges had not been adequately explained . The charges charge Trump and five other defendants with soliciting public officials to violate their oath. McPhee left the door open for the charges to be refiled.
One of Trump’s co-defendants first called for Willis to be disqualified from the case against the former president and his co-defendants in January for allegedly trying to overturn President Joe Biden’s 2020 election victory in Georgia.
Multiple other defendants, including Trump, have joined the effort to dismiss the prosecution and oust Willis, citing conflicts of interest. The defendants also requested that Wade be disqualified.
Fulton County Senior Judge Scott McAfee observes a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 12, 2024 in Atlanta, Georgia.
Alyssa Pointer Pool | Getty Images
Trump attorney Steve Sado said Friday in response to McPhee’s preliminary ruling: “While respecting the court’s ruling, we believe the court did not give appropriate weight to Willis and Wade’s prosecutorial misconduct. “
“We will continue to work to bring closure to this case, which should never have been brought in the first place, using all available legal options,” he said.
Pete Skandalakis, chairman of the Georgia Prosecuting Attorneys’ Council, said in a statement to NBC News that one option is to submit a certification of review. He added that the certificate would provide an avenue for the defense to appeal.
Willis and Wade admitted to the relationship only after they were first charged in January in court documents filed by defendant Michael Roman. The documents allege that the district attorney and prosecutors had an “improper, secret personal relationship” and that they profited from the arrangement at the expense of taxpayers.
But both Willis and Wade insisted that their relationship constituted neither a personal nor a financial conflict, with Willis denouncing the claims as “ridiculous theories and hierarchical speculation.”
During a tumultuous hearing in mid-February, Willis lashed out at defense attorney Ashleigh Merchant, who first raised the allegation about the relationship.
On the witness stand, both Willis and Wade insisted that their relationship did not become romantic until he joined the election interference case in November 2021.
Willis’s 98-page indictment contains 41 counts and initially charged Trump with 13 criminal counts. Republican presidential candidate Trump has pleaded not guilty to the charges.Some of Trump’s co-defendants have launched attacks plea bargain in this case.