Fani Willis Skips Primary Debate as Higher Court Weighs Whether To Hear Trump’s Appeal About Her ‘Improper’ Romance

Willis has also been sued by a state representative for failing to keep her stalker off the streets.

AP/John Bazemore
The Fulton County district attorney, Fani Willis, on August 14, 2023, at Atlanta. AP/John Bazemore

Fani Willis was a no-show on Sunday in a debate in the contested Democratic primary for Fulton County district attorney. The incumbent was represented by an empty podium as her opponent railed against her focus on prosecuting President Trump while Atlanta’s residents are not being kept safe. 

Meanwhile, a Georgia court is weighing Mr. Trump’s appeal of the March ruling from Judge Scott McAfee that allowed Ms. Willis to remain on the election interference case she has brought against the 45th president and his associates. Defense attorneys uncovered a secret romance between Ms. Willis and one of her prosecutors, Nathan Wade, which they alleged was improper. Judge McAfee said Ms. Willis could stay on the case if Mr. Wade resigned, which he did.

At a Democratic primary debate for the district attorney race on Sunday, Ms. Willis was represented by an empty podium while her opponent, a local attorney, said she had lost focus on the people of Fulton County. 

“Right now, she’s focused on Trump, and rightfully so, but that leaves so many people in Fulton County vulnerable,” Christian Wise Smith, a candidate for district attorney, told debate moderators. “That leaves a lot of things being neglected by so much focus, energy, resources, and manpower going toward one case.”

Mr. Smith said he would still pursue the case against Mr. Trump if elected as district attorney, but would do more to focus on the Atlanta residents who need safer streets, as well as those in jail who need cleaner, more humane living spaces. “I didn’t jump in the race to throw any personal attacks at her. I don’t believe in campaigning that way. It should be about what you bring to the job,” he said. 

The squalid Fulton County jail, where Mr. Trump was booked and photographed, is one of the most notorious in the country and is now under state and federal investigation.

One Republican may also prove to be a difficult distraction for Ms. Willis. On Monday, a GOP state representative, Mesha Mainor, announced she would be holding a press conference about a lawsuit she is filing against Ms. Willis and other Fulton County officials for mishandling a case of stalking by a former associate that left her distressed. 

The lawsuit, which was first obtained by Fox 5 Atlanta, alleges that Ms. Willis refused to properly investigate the case over several years after a former campaign associate of Ms. Mainor continued to stalk her after he was fired. 

Ms. Willis is also facing pressure from congressional Republicans. In February, the House Judiciary Committee subpoenaed her office for documents related to a whistleblower’s complaint that she misused federal grant funds and that her deputies mocked the distinctive hairstyle of the whistleblower, Amanda Timpson.

Regarding Mr. Trump’s appeal of Judge McAfee’s ruling, the appellate court has until May 13 to decide if it will hear Mr. Trump’s arguments on the merits. The former president’s team filed that appeal on March 29 after Judge McAfee ruled that Ms. Willis could remain on her case.

Mr. Trump and his fellow co-defendants, who have also signed on to the appeal, say Judge McAfee “erred” in not disqualifying Ms. Willis after it was disclosed that she had paid her boyfriend hundreds of thousands of dollars for his work on the case. 

“While the trial court factually found DA Willis’sof out-of-court statements were improper and defendants proved an apparent conflict of interest, the trial court erred as a matter of law by not requiring dismissal and DA Willis’s disqualification,” the appeal from Mr. Trump’s lawyers states. “To avoid structural error that would invalidate and require a repeat of the upcoming trials, to establish needed precedent in the area of disqualifying forensic misconduct and to protect and maintain the public’s confidence in the integrity of the criminal justice system, the court should grant the application.”

In his ruling, Judge McAfee said Ms. Willis and Mr. Wade’s testimony regarding their romance, when they insisted their relationship had not become intimate until after Mr. Wade had been hired as Ms. Willis’s special prosecutor, had “an odor of mendacity.” He nevertheless allowed her to stay on the case. 

One of the former president’s attorneys, Steve Sadow, said in a statement to Atlanta News First that the case in its entirety should be dismissed as soon as possible. “Defendants argued in the trial court that the indictment should have been dismissed and, at a minimum, DA Willis and her office should have been disqualified from prosecuting the case,” Mr. Sadow said. 

Judge McAfee has already poked some holes in Ms. Willis’s initial indictment by tossing three charges brought against Mr. Trump by the prosecution. In March, the jurist threw out six of the charges levied against the defendants, including the three felonies Mr. Trump was facing. Judge McAfee said Ms. Willis failed to provide enough detail on those charges for the defense to provide a response “intelligently.” 

“The lack of detail concerning an essential legal element is … fatal,” the judge wrote at the time. 

Not only could the appeals court in Georgia weigh in to reverse Judge McAfee’s order, but the executive branch could take action as well. In March, Governor Kemp signed a bill allowing for the establishment of a commission that has the power to investigate, reprimand, and remove state prosecutors from their positions. 

The legislation comes as conservative state governments in the South have moved to rein in locally elected prosecutors, often from urban areas that vote Democratic. In Florida, Governor DeSantis has suspended two elected prosecutors for failing to prosecute violent offenders or comply with state laws.

While Republicans say the Georgia law has nothing to do with Ms. Willis, other Democratic district attorneys in the state say otherwise. “Republicans care little about the state constitution and will stop at nothing to steal power from Georgia voters,” the DeKalb County district attorney, Sherry Boston, said at the time the bill was signed. 

There have been no signs yet that the commission has opened an investigation into the Fulton County district attorney’s office. The commission did not immediately respond to a request for comment. 


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