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Wade resigns from Trump case after judge’s conflict of interest ruling

Fulton County District Attorney Fani Willis looks on during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on March 1 in Atlanta.  (Alex Slitz/Pool/Getty Images North America/TNS)
By Richard Fausset and Danny Hakim New York Times

ATLANTA – Nathan J. Wade resigned from his post Friday as special prosecutor in the Georgia investigation of former President Donald Trump, after an Atlanta judge gave his boss and former romantic partner, Fani T. Willis, an ultimatum, saying her office could only keep the case if Wade stepped down.

The ruling by Judge Scott McAfee on accusations of a conflict of interest between the two prosecutors cut a middle path between removing Willis, the Fulton County district attorney, and her full vindication. The judge sharply criticized her for dating Wade, whom she had hired to manage the election interference case, calling it a “tremendous lapse in judgment.”

With delays mounting, the case is unlikely to come to trial before the 2024 presidential election, when Trump is almost certain to be the Republican nominee.

Here are the details:

• In a letter to Willis, Wade said he was resigning “in the interest of democracy” and “to move this case forward as quickly as possible.” In a letter accepting the resignation, Willis cited his bravery for weathering threats as well as “unjustified attacks” on his “reputation as a lawyer.”

• McAfee, of Fulton County Superior Court, said that disqualifying Willis, as defense lawyers had sought, was not necessary when “a less drastic and sufficiently remedial option is available.” But he concluded that “the prosecution of this case cannot proceed” unless Wade resigned or Willis and her office stepped aside.

• Although the decision is a setback for Trump and his 14 co-defendants, likely leaving in place the district attorney who has been pursuing the case for more than three years, Willis emerges from weeks of embarrassing hearings and headlines with a bruised reputation that could color the views of a future jury, making convictions more difficult.

• Trump and his co-defendants could appeal the judge’s ruling, further delaying the proceedings and leaving the matter unresolved indefinitely. The state’s Republican-led Senate is also reviewing the conflict-of-interest accusations, and lawmakers have empowered a new oversight commission to investigate and potentially remove prosecutors.

• McAfee’s decision came two days after he quashed six charges in the case against Trump and his 14 co-defendants, including one related to a call that Trump made to pressure Georgia’s secretary of state in early January 2021. But he left intact the rest of the racketeering indictment, which initially included 41 counts.

This article originally appeared in The New York Times.