Trump Case Prosecutor Fani Willis Could Still Be in Danger, Analysts Warn

Fulton County District Attorney Fani Willis looks on during a hearing on the Georgia election interference case in Atlanta on March, 1, 2024. Alex Slitz/Pool via AP

After a judge ordered that Fulton County District Attorney Fani Willis could continue to prosecute the Trump case amid allegations of misconduct, some legal analysts warn that she could face penalties.

Last week, Fulton County Judge Scott McAfee ruled that Ms. Willis could only stay on the case against former President Donald Trump and a dozen other co-defendants if her special prosecutor, Nathan Wade, steps down amid allegations the two were involved in an improper relationship. Mr. Wade subsequently resigned from the case.

Even though she survived the challenge, analysts suggested that the case is now tainted by the relationship revelation and other allegations.

“She survived today, she survived this opinion, but this is not going away,” Andrew George, a trial lawyer and professor at the Georgetown Law Center, told USA Today. “The scrutiny is going to only build and build because her presentation and Mr. Wade’s presentation during this process were not convincing,” he added.

Judge McAfee, meanwhile, admonished Ms. Willis for her comments at a church in January when she suggested that race played a role in the allegations against her and Mr. Wade, signaling that the state legislature, the State Bar of Georgia, and other bodies may take punitive action against the district attorney in light of the allegations.

“Other forums or sources of authority such as the General Assembly, the Georgia State Ethics Commission, the State Bar of Georgia, the Fulton County Board of Commissioners, or the voters of Fulton County may offer feedback on any unanswered questions that linger,” he wrote, which prompted speculation from other legal analysts.

The judge’s comment is “an invitation” for an ethics charge to be lodged against Ms. Willis for lying, Ryan Goodman, a New York University law professor, told CNN last week. And Mr. George said that she could face punishment from the State Bar regarding her conduct as prosecutor.

“It could be a temporary suspension, it could be a citation, essentially, a listing on a naughty list, if you will,” he told USA Today. “It very well may not happen to her, but if she were to face any kind of negative consequence from the State Bar, that would be potentially very damaging to her,” he added.

For some, though, her entire case against President Trump is in jeopardy due to her conduct—despite Mr. Wade’s withdrawal. Ms. Willis has shown no indication that she will resign from the case.

Harry Litman, who previously served as a U.S. attorney for the Western District of Pennsylvania, wrote in an opinion article for the Los Angeles Times that “it would be a mistake to assume that Wade’s withdrawal puts an end to the ugliness and doubt surrounding Willis’ handling of the case,” adding that “prosecution revolving around an infamous Trump sound bite ... is now tainted by an ‘odor of mendacity.’”

The former official was making reference to Judge McAfee’s order in which he noted that the Wade–Willis relationship left an “odor of mendacity,” referring to unconfirmed claims that the pair financially benefitted from the arrangement. There were also other allegations against the two, namely that their relationship started before Mr. Wade was named as special counsel. Ms. Willis said that it started in 2022, or after he was hired.

“But the order, and the circus-like atmosphere of the multiday evidentiary hearing that preceded it, in some ways served only to intensify the controversy surrounding the case and ensure that the rhetorical challenges will continue,” Mr. Litman wrote. “Notwithstanding the decorous and professional language of McAfee’s order, it lands several haymakers on Willis’ judgment and probity.”

“Probably the most notorious and enduring is his assertion that ‘an odor of mendacity remain’ around the testimony of Willis and Wade, specifically as to the timing of their relationship. It’s a phrase that could have a continuing political impact in Georgia and nationally,” he continued.

Jonathan Turley, a professor at George Washington University Law School, wrote on X last week that there is one major question that has been left unanswered after Mr. Wade’s resignation.

“The real question now is whether Willis will take the last opportunity to do the right thing and withdraw from the case,” he wrote, adding that it should be “unimaginable” for her to remain in light of the allegations.

“Willis has consistently put her personal interests before those of her office,” Mr. Turley wrote. “Judge McAfee just gave her an opportunity to rise to the occasion. While he laid out two options, he was strongly suggesting a third: remove yourself.”

On Monday, President Trump appealed Judge McAfee’s order, arguing that Ms. Willis should be disqualified. If the appeal is taken, it would likely further delay the case.

Last year, the former president was charged with multiple counts after prosecutors alleged that he illegally attempted to overturn Georgia’s 2020 election results. President Trump has pleaded not guilty.