Fani Willis Faces 'Really Close Call' for Disqualification

In an interview with CNN's Jim Acosta on Tuesday morning, former federal prosecutor Elie Honig said Fulton County District Attorney Fani Willis faces a "really close call" for disqualification in the election racketeering case against Donald Trump.

Context

Willis has found herself at the center of a potential ethics violation related to her alleged affair with special prosecutor Nathan Wade. This comes amid Willis' case against the former president, in which Trump and 18 co-defendants were indicted by a Georgia grand jury in August and face criminal racketeering charges for allegedly attempting to overturn the state's electoral results in the 2020 election won by Joe Biden. Trump, the frontrunner in the 2024 GOP presidential primary, and the remaining defendants have pleaded not guilty.

Earlier this month, Willis gave evidence in a two-day hearing following accusations by former Trump staffer and co-defendant Michael Roman that she was having an affair with Wade. It was also alleged the pair had benefited financially from taxpayers' money.

Willis and Wade later admitted they had a relationship but denied a conflict of interest. The timeline of their relationship, however, has emerged as a key point of contention, with Roman saying it started earlier than they admitted and Trump's lawyers examining phone records alleging the pair were in a relationship before the Georgia election fraud case began.

What We Know

As Willis' ethics hearing continues, Honig said Superior Court Judge Scott McAfee is taking the allegations seriously, adding that he didn't have to have a hearing, but that since he has chosen to have one, it signals a "really close call" for disqualification.

"The judge is taking a very hard look at this, the judge has had several opportunities if he wanted to just end this, he didn't have to hold the hearing at all...But the judge said we are going to have a hearing, it's going to be public..so it's a really close call in my estimation based from what we've seen there clearly was some poor judgment exhibited by the DA. I'm not quite sure that the defendants have made out a clear financial conflict of interest at this point," Honig said.

Newsweek has reached out to Fulton County court via email for comment.

This comes as testimony by Wade's attorney, Terrence Bradley, could give evidence claiming that Wade and Willis' relationship began earlier than they said it did, and if it is found they lied under oath, it could significantly impact the case.

Views

Since the hearings into the allegations against Willis, questions over whether she will be disqualified from the election interference case have intensified.

Former federal prosecutor Neama Rahmani previously told Newsweek that the hearing has been "damaging for both Willis and Wade, personally and professionally," adding that Willis' handling of the allegations has been an "unmitigated disaster."

"Even though it shouldn't affect the legal merits of the case, the optics are bad. She should cut her losses, step down, and have someone else take over this prosecution," he said.

However, perjury charges have also been discussed as Eric Anderson, counsel at Early Sullivan Wright Gizer & McRae in Los Angeles, California, previously told Newsweek that Georgia Attorney General Christopher Carr may pursue perjury charges against Willis, a Democrat.

"Given the political climate, I would not be completely surprised if the attorney general, a Republican, acts. Attorney General Carr has shown a willingness to take on elected officials in criminal proceedings before. When it comes to politics, anything is possible. Unless the alleged perjury is about a fact material to the matter at hand, perjury charges are not likely for a regular witness," Anderson said.

Meanwhile, Stephen Gillers, a law professor at New York University disagreed that the question of disqualification be shifted to perjury, previously telling Newsweek that Trump's lawyers want "to shift the question before the court from disqualification to perjury" but that "The judge should focus on the real disqualification question here. Is there any basis to find that Willis chose to pursue the case to generate income for Wade, which he would then use to take her on luxury trips?" Gillers said.

"The answer is no. Willis started her investigation in February 2021 and did not hire Wade, who was not her first choice, until nine months later. She got an indictment and four guilty pleas," Gillers added.

What's Next?

McAfee's hearings to determine if Willis should stay on the case are due to restart on Tuesday.

Bradley is expected to testify again as the latest development in the hearing shows McAfee's chambers notified attorneys in the case by email on Monday that certain communications Bradley had with Wade are not protected by attorney-client privilege, as he had previously argued, and called on him to testify again, according to sources speaking to ABC News.

Update 2/27/24 11:30 a.m. ET: This article was updated with additional information.

Update 2/27/24 12:00 p.m. ET: This article was updated with additional information.