Critics learned that Fulton County Superior Court Judge Scott McAfee has a history of supporting District Attorney Fani Willis through public support and financial donations.
Judge Scott McAfee
Fulton County Superior Court Judge Scott McAfee, overseeing the case against former President Donald Trump, made a $150 donation to the campaign of Fulton County District Attorney Fani Willis before his appointment. McAfee faces the decision on whether Willis should be disqualified for allegedly benefiting from appointing her partner to work on the case.
Legal analyst Philip Holloway
“The donation itself is more or less a token amount and was made prior to his becoming a judge,” criminal defense attorney and legal analyst Philip Holloway said.
Conflict of interest
“But failure to disclose to the defendants a political donation to the prosecutor can be seen as a present appearance of a conflict of interest,” legal expert Philip Holloway explained. “Judges are required to avoid even the appearance of a conflict of interest.”
Other political donations
McAfee, who previously worked under Willis, has also made other political donations. The situation raises concerns about conflicts of interest, with differing opinions on whether the donation should have been disclosed.
Attorney Andrew Fleischman
“It is such a routine part of how Georgia judges and attorneys interact that I don’t think it should have been disclosed, necessarily, past the mandatory disclosures,” criminal defense attorney Andrew Fleischman said.
Challenging Willis
McAfee has not hesitated to challenge Willis and recently presided over a hearing regarding a motion to disqualify her.
Denies any impropriety
Willis and her partner deny any impropriety, but questions remain about their relationship and financial transactions.
Georgia Code of Judicial Conduct
The case underscores the importance of judges avoiding both actual and perceived conflicts of interest, as outlined in the Georgia Code of Judicial Conduct.
Witness Testimony
Testimony from Fulton County prosecutor Fani Willis raised questions about her relationship with fellow prosecutor Nathan Wade in the case against Donald Trump. A witness testified Willis and Wade were in a relationship since 2019, contradicting their claims it began in 2022 after the Trump case started.
It was “private”
Wade said it was “private,” and was not disclosed to the county.
Exotic trips with cash
Both said Willis reimbursed Wade’s exotic trips with cash but without evidence. The testimony has raised issues such as: if one witness establishes fact, why not believe the earlier relationship date? Was cash used to hide reimbursements, and is that suggesting something to hide? Why wasn’t the relationship disclosed to staff? Why was Willis so specific that Wade only visited in South Fulton, not elsewhere?
Deciding Willis’ removal
The judge will determine if the relationship was an actual conflict requiring Willis’ removal.
Legal analyst Jonathan Turley
Fox News legal analyst Jonathan Turley criticized Fani Willis’ handling of a misconduct hearing regarding her election prosecution against Donald Trump. Turley argued Willis and external prosecutor Nathan Wade, who had a secret romantic relationship, could have filed false statements in court.
Refer them to the bar
Turley questioned if the judge would refer them to the bar for investigation. Turley said, “The astonishing thing about this is that you have two prosecutors who stand accused of filing false statements in court.”
Answering interrogatories falsely
“Mr. Wade is accused of answering interrogatories falsely. And Willis is accused of making false statements in her own filings. That’s what they’re prosecuting defendants in the case for,” Turley explained.
Look into these allegations
“My question is, will he refer these two to the bar? There are allegations of false statements being filed. Their testimony did not help in that respect. And so will this judge say, ‘Look, I’m going to suggest that one or both of you remove yourselves or maybe even order it, but I am also going to ask the bar to look into these allegations’?” asked Turley.
Financial ties
The hearing explored the financial ties and leisure trips between Willis and Wade amid calls to remove prosecutors from the case due to alleged conflicts.
McAfee’s warning
Judge Scott McAfee warned Willis, “We have to listen to the questions as asked … and if this happens again and again, I’m going to have no choice but to strike your testimony.”
Costs were split
Willis maintained travel costs were split equally but performed poorly under cross-examination, with the judge calling multiple recesses.
Willis is compromised
Critics argue Willis’ personal connections could compromise her leadership of a high-profile racketeering case against Trump that impacts the 2024 presidential election.
