Fact Check: Has Fani Willis Been Removed from Donald Trump Case?

Fani Willis faces the prospect of being disqualified from election interference prosecution against former President Donald Trump and 18 co-defendants over a relationship with Nathan Wade, the attorney she appointed as lead prosecutor.

Last month, Willis testified during a two-day hearing following accusations by former Trump staffer and co-defendant Michael Roman that she had a relationship with Wade, whom she hired for the high-profile case. It was also alleged the pair had benefited financially from taxpayers' money. Willis and Wade admitted they had a relationship but denied a conflict of interest.

Trump has said the election interference case is politically motivated because he is the front-runner for the 2024 GOP presidential nomination.

Multiple posts on TikTok have, however, claimed that Judge Scott McAfee, who will decide whether Willis should be removed from the case, has already ruled that she should be disqualified.

Fani Willis
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, Georgia. Multiple... Alex Slitz/Pool/Getty Images

The Claim

A series of posts by TikTok user @lifewithrecklezz1109, about the Fani Willis case, posted on March 4, 2024, viewed collectively more than 126,000 times, included the headline "DA Fani Willis REMOVED And DISQUALIFIED After Judge McAfee Makes Decision To DROP Trump Case."

Another series of videos from TikTok account @fnandez44, posted on February 26, 2024, viewed collectively more than 66,000 times, included the headline "DA Fani Willis SCREAMS At The JUDGE After Nathan Wade LEAKED TEXTS Got Her REMOVED From Trump case."

The Facts

While McAfee has indicated that Willis could be disqualified if the evidence showed an "actual conflict of interest or the appearance of one," he has not yet made a decision.

The videos on TikTok do not include any content that supports the claim that Willis has been disqualified, only clips from the closing remarks that were held last week and other media. It appears the headlines are there simply to misleadingly attract viewers.

McAfee said at the end of the hearing on Friday: "I think it's been very much made clear the argument made today is that there are several legal issues to sort through, several factual determinations that I have to make, and those aren't ones I can't make at this moment, and so I will be taking the time to make sure that I give this case the full consideration its due.

"I hope to have an answer for everyone within the next two weeks. Until that point, if there are any other issues that come up, counsel can reach out and we'll have an order posted on the docket."

While other filings have been made regarding the case, there is no news about McAfee's decision.

Newsweek recently investigated similarly misleading posts on TikTok that U.S. Supreme Court Justice Clarence Thomas "stormed out" of a committee meeting with his fellow justices.

Like the videos about McAfee, the videos contained no substance to their headlines, accompanied by content that did not attempt to substantiate what their headline stated.

The Ruling

False

False.

Judge Scott McAfee, who will decide whether Fani Willis is disqualified from prosecution of alleged election interference by Donald Trump and 18 co-defendants, has not made his decision yet.

The videos on TikTok do not contain any references or sources to support their claims. McAfee said on Friday that he would make a decision within two weeks.

FACT CHECK BY Newsweek's Fact Check team

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