However, Willis and her romantic partner, special prosecutor Nathan Wade, will not be allowed to continue working on the case together.
Although this decision is not what Trump's attorneys and co-defendants had hoped for, it has nonetheless subjected Willis to scrutiny beyond the courtroom. It has highlighted her history of questionable decisions and reinforced her image among conservatives as a partisan adversary in Trump's Georgia narrative.
Judge McAfee's decision could also have implications for his upcoming re-election campaign. Robert Patillo, a left-leaning attorney and talk show host, is challenging McAfee for his seat. By not removing Willis from the case, McAfee may have deprived Patillo of a potential critique against him in the heavily Democratic county.
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Despite these developments, it is highly unlikely that the trial will take place before the presidential election in November. Trump has pleaded not guilty to all 13 charges against him, including the three that were dismissed this week. If re-elected, Trump could request the U.S. Supreme Court to delay the case until he leaves office.
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Willis has been under intense scrutiny since Ashleigh Merchant, the attorney for Trump co-defendant Michael Roman, filed a 127-page court motion on January 8. The motion accused Willis of being involved in an "improper, clandestine personal relationship" with Nathan Wade, a then-married private attorney whom she later hired to lead Trump's prosecution.
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The original filing claimed that Willis and Wade "have violated laws regulating the use of public monies, suffer from irreparable conflicts of interest, and have violated their oaths of office under the Georgia Rules of Professional Conduct and should be disqualified from prosecuting this matter."
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Since then, defense attorneys for Trump and his co-defendants have filed additional motions to disqualify Willis. They accuse her of biasing the case by inciting "racial animus and prejudice against the defendants," coordinating with elements of the Biden White House and January 6 committee to politically undermine the Republican front-runner, giving Wade preferential treatment, and possibly violating the federal racketeering statute.
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While Willis admitted to the affair, her defense argued that it "does not amount to a disqualifying conflict of interest." She denied or downplayed the other allegations both in court filings and in person in court.
During Willis' ethics hearing in the Fulton County Superior Court, defense attorneys reiterated that she had biased potential jurors against the defendants and committed a "fraud on this court."
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A key witness cast significant doubt on whether Willis and Wade had been truthful with the court about the timeline of their affair. Robin Yeartie, a former friend and employee of Willis, suggested that contrary to Willis and Wade's claims in court, their affair had started roughly two years before Wade's appointment as special prosecutor in November 2021.
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Terrence Bradley, Wade's former law partner and defense attorney, had also suggested to Merchant in text messages that the affair began before November 2021. However, he seemed to have selective memory on the stand, implying that he had only been speculating about the actual timeline.
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Merchant argued that even the appearance of a conflict of interest was grounds for Willis' removal, as it would undermine public confidence in the prosecution at the very least. Judge McAfee seemed to agree, noting that Willis could be disqualified if evidence showed an "actual conflict of interest or the appearance of one," according to The Hill.
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At one point, Willis told Merchant, "I'm not on trial, no matter how hard you try to put me on trial."
Blaze News previously reported that Craig Gillen, a defense attorney for David Shafer, accused Willis and Wade of "systematic misconduct," emphasizing that "they need to go."
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Defense attorneys also suggested that Wade and Willis had committed perjury by misleading the court about their affair and when it started.
In his highly anticipated ruling on Friday, Judge McAfee suggested that as far as a possible conflict of interest is concerned, Wade's "manner of payment is not actionable on its own."
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"A SADA’s oath of office, in combination with the supervision theoretically provided by a neutral and detached District Attorney, should generally be sufficient to dispel the appearance of that improper incentive. Nor would a romantic relationship between prosecutors, standing alone, typically implicate disqualification, assuming neither prosecutor had the ability to pay the other as long as the relationship persisted," wrote McAfee.
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However, the judge noted that "in combination, as is alleged here by the Defendants, a argument arises of financial enrichment and improper motivations which inevitably and unsurprisingly invites a motion such as this."
McAfee indicated that despite the luxurious trips Wade and Willis went on, and the appearance that the special prosecutor may have paid Willis' way, the "Court finds that the evidence did not establish the District Attorney's receipt of a material financial benefit as a result of her decision to hire and engage in a romantic relationship with Wade."
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McAfee also determined that "financial gain flowing from her relationship with Wade does not appear to have been a motivating factor" on Willis' part to indict and prosecute the case.
"Without sufficient evidence that the District Attorney acquired a personal stake in the prosecution, or that her financial arrangements had any impact on the case, the Defendants' claims of an actual conflict must be denied," wrote McAfee.
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McAfee noted that there remains, however, the appearance of impropriety on Willis' part "because of specific conduct, and impacts more than a mere 'nebulous' public interest."
The lack of a "confirmed financial split [between Willis and Wade] creates the possibility and appearance that the District Attorney benefited — albeit non-materially — from a contract whose award lay solely within her purview and policing," wrote the judge.
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McAfee presented the state with two options. Either Willis can step aside along with her whole office and refer the prosecution to the Prosecuting Attorneys' Council for reassignment, or Wade can withdraw.
While the judge refused to disqualify Willis and did not find that she had prejudiced potential jurors against the defendants, he did criticize her "tremendous lapse in judgment," the "unprofessional manner of the District Attorney's testimony during the evidentiary hearing," and Willis' "bad choices."
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He also suggested that the General Assembly, the Georgia State Ethics Commission, the State Bar of Georgia, the Fulton County Board of Commissioners, and voters in the county may "offer feedback on any unanswered questions that linger."
Willis, who is allowed to remain on the case, is expected to amend and refile the three charges McAfee dismissed on Wednesday.
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Anthony Michael Kreis, a professor at the Georgia State College of Law, noted earlier this week, "Fani Willis has a habit of swinging back hard. To be clear, that doesn't always serve her perfectly well. ... I have a hard time believing she won't be back with perfected indictments just to prove a point."
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