Trump's Georgia case set to go ahead after prosecutor who had relationship with district attorney resigns
Judge Scott McAfee said it wasn't necessary to also disqualify the district attorney when "a less drastic and sufficiently remedial option is available".
Friday 15 March 2024 21:49, UK
A case against Donald Trump is expected to go ahead after the district attorney accepted the resignation of a special prosecutor she had a relationship with.
A judge said the Georgia case couldn't proceed unless Fani Willis stepped aside or removed the prosecutor.
Trump is accused, along with 18 others, of trying to overturn the outcome of the 2020 presidential election in the state.
Ms Willis, who is leading the case, was in a relationship with Nathan Wade, which she said began in early 2022 - months after she appointed him to the prosecution.
Accepting Mr Wade's resignation, she praised his "dignity and professionalism in the face of threats" and attacks on his reputation.
The judge at Fulton County Superior Court, Scott McAfee, found the "appearance of impropriety" must result in either Ms Willis and her office leaving the case - or just Mr Wade.
If Ms Willis had removed herself, the case would have come to a halt, but as Mr Wade has quit it's likely to continue without further delay.
The pair previously admitted their romantic relationship, which is said to have ended last summer, but rejected the idea that Ms Willis improperly benefited from it.
Mr Wade said the pair went on trips to California, Belize and Aruba together, which he booked while being paid a $650,000 (£510,000) salary, and was later reimbursed by the district attorney.
The defence argued these financial arrangements "created an incentive" for the prosecution to prolong the case.
'Less drastic' options available
The judge said an outsider could "reasonably think" Ms Willis was "not exercising her independent professional judgment totally free of any compromising influences".
He said this would always be the case as long as Mr Wade remained on her team.
However, he said he didn't find evidence the rights of defendants - including Mr Trump - had been violated, or that the issues involved prejudiced them in any way.
He said the disqualification of a constitutional officer, like a district attorney, was not necessary "when a less drastic and sufficiently remedial option is available".
Trump's lead lawyer, Steve Sadow, said he still believed there was a conflict of interest and would use "all legal options" to fight the case which "should never have been brought".
The case is one of four criminal prosecutions Mr Trump is facing despite securing the Republican nomination to challenge Joe Biden in November.
The former president has long presented the Georgia prosecution and others as attempts to prevent him regaining power.
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He has highlighted the claims against Ms Willis as evidence of perceived misconduct by those pursuing him.
He also faces federal charges for efforts to undo his election defeat and will stand trial in New York in April over alleged hush money paid to a porn star.
On Friday, the latter case was pushed back 30 days after Mr Trump said late disclosure of evidence was hurting his preparation.
He has pleaded not guilty to falsifying business records to hide a $130,000 (£102,000) payment to Stormy Daniels by his former lawyer.