WASHINGTON—Fulton County Superior Court Trial Judge Scott McAfee issued a mixed ruling in the motion to recuse Fulton County District Attorney Fani Willis, her office, and special prosecutor Nathan Wade from the election interference case against former President Donald Trump. The court held that the case could not proceed unless Willis and her entire office stepped down from the case or Wade recused himself from the case.  

Heritage Foundation senior legal fellows Hans von Spakovsky and Charles Stimson released the following statement on the ruling: 

“Judge McAfee’s findings of fact and conclusion of law lead us to one conclusion: Fani Willis should recuse herself and her entire office from the cases. The court found that through her own conduct, there was a clear appearance of impropriety and that her speech at an Atlanta church was 'legally improper.' Attorney Nathan Wade should also recuse himself, and the court found his testimony not to be credible. These cases should be referred to the Georgia Prosecuting Attorneys’ Council for reassignment. 

“Judge McAfee’s ruling vindicates the defendant’s motion to recuse. Willis’ conduct and testimony during these pretrial hearings do not instill confidence in the process, much less her judgment. If she refuses to do the right thing and stays on the cases, and there are any convictions, these issues will be front and center on appeal and call into question the integrity of those convictions.” 

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