The special prosecutor in the case in Georgia against former President Donald Trump and others has resigned.
“I am offering my resignation in the interest of democracy, in dedication to the American public, and move this case forward as quickly as possible,” special prosecutor Nathan Wade wrote in a March 15 letter to Fulton County District Attorney Fani Willis.
The resignation is effective immediately, according to the letter.
Fulton County Superior Court Judge Scott McAfee ruled earlier on March 15 that either Mr. Wade or Ms. Willis had to resign from working on the case, which involves charges of election interference against President Trump and 18 others.
Defendants in the case moved to have both prosecutors disqualified, showing through bank records and other documents that the pair took multiple trips together and that Mr. Wade paid for most of them.
Ms. Willis has claimed that she paid him back for the expenses but did not produce any records supporting that claim.
Ms. Willis and Mr. Wade have acknowledged entering a relationship. They said it started after Ms. Willis hired Mr. Wade and that it has since ended.
Judge McAfee said that not enough evidence was produced to show an actual conflict of interest. However, he did find that Ms. Willis and Mr. Wade created an “appearance of impropriety,” pointing to their relationship, to Ms. Willis’s not having records to support her claim that she did not benefit financially from the relationship after Mr. Wade paid for multiple trips they took, and to Mr. Wade’s not being truthful in his divorce case.
“An outsider could reasonably think that the district attorney is not exercising her independent professional judgment totally free of any compromising influences,” Judge McAfee said. “As long as Wade remains on the case, this unnecessary perception will persist.”
He outlined two options: Ms. Willis and her office could remove themselves from the case, which would cause the case to be assigned to another office. Alternatively, Mr. Wade could step down, “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 this case.”
Mr. Wade wrote that he was proud of the work prosecutors have done on the case.
“Seeking justice for the people of Georgia and the United States, and being part of the effort to ensure that the rule of law and democracy are preserved, has been the honor of a lifetime,” he told Ms. Willis. “I am sure that the case, and the team, will be in good hands moving forward and justice will be served. You, the team on this case, and the entire office have my prayers for your safety and your success in the pursuit of justice.”
Ms. Willis wrote: “I will always remember ... 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.
“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 one who had the courage to accept the role, even though you did not seek it.”
More on Ruling
The ruling drew criticism from some, including Steve Sadow, one of the attorneys representing President Trump.“We believe that the court did not afford appropriate significance to the prosecutorial misconduct of Willis and Wade, including the financial benefits,” Mr. Sadow said in a statement.
Ashleigh Merchant, a lawyer representing Michael Roman, said separately that “the judge clearly agreed with the defense that the actions of Willis are a result of her poor judgment and that there is a risk to the future of this case if she doesn’t quickly work to cure her conflict.”
The motion for disqualification was originally filed by Mr. Roman, one of the co-defendants in the case, and joined by President Trump and others.
The motion led to a multiday hearing that included testimony from Ms. Willis, Mr. Wade, and others.
Terrance Bradley, who represented Mr. Wade in his divorce case, told more than one person that Mr. Wade’s relationship with Ms. Willis actually started before Mr. Wade was hired, but he later said he was merely speculating.
Another witness, former Fulton County District Attorney’s Office employee Robin Yearti, also undercut testimony from Ms. Willis.
But Judge McAfee ruled that he could not use either witness’s testimony as the basis of a ruling, saying that Mr. Bradley’s “inconsistencies, demeanor, and generally non-responsive answers left far too brittle a foundation upon which to build any conclusions.”
Ms. Yearti’s testimony “ultimately lacked context and detail,” he said.
“Even after considering the proffered cellphone testimony from Defendant Trump, along with the entirety of the other evidence, neither side was able to conclusively establish by a preponderance of the evidence when the relationship evolved into a romantic one,” the judge concluded.
He also wrote that “an odor of mendacity remains” before explaining his reasoning and ordering Ms. Willis or Mr. Wade to withdraw.
