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On March 15, 2024, Fulton County Judge Scott McAfee decided that DA Fani Willis may continue as the prosecutor in the Fulton County, GA election interference case. He also rejected Defendants’ latest efforts to dismiss the charges against them.
Judge McAfee provided boundaries on his decision, noting that if the DA wished to continue prosecuting the case against Donald Trump and his allies, then special prosecutor Nathan Wade would have to withdraw from the case based on an “appearance” of possible impropriety. Wade resigned from his role on the case the same day Judge McAfee’s decision came down.
Judge McAfee issued this decision after several rounds of briefing and a two-and-a-half day in-person hearing that included testimony from DA Willis and special prosecutor Nathan Wade, as well as other evidence presented by lawyers for the defendants.
The defendants who brought the disqualification motion against her may have the ability to seek to appeal Judge McAfee’s ruling. On March 18, Trump and several of his Co-Defendants asked for an immediate review of this decision. Judge McAfee must expressly authorize such an appeal to go forward at this point in the case – otherwise it cannot be appealed until after a verdict is reached. This ruling does not prevent the charges against Trump and his allies from moving forward to trial at this time.