MSNBC
Two things can be true: The allegations that Fulton County District Attorney Fani Willis is involved in a romantic relationship with an attorney working in her office, and the strong legal case Willis has brought against former President Donald Trump and his RICO co-defendants in Georgia.
Michael Roman, one of 19 defendants charged in Georgia with conspiring to interfere with the 2020 presidential election, filed a motion Jan. 8 seeking to dismiss his case, alleging that Willis is involved in a romantic relationship with Nathan Wade, a private attorney she appointed to serve as a special counsel in the case. Roman alleges that Willis has personally benefited from the arrangement by taking vacations with Wade. Because the trips were paid for by Wade, Roman alleges, Willis herself is enjoying the fruits of public payments she authorized. This arrangement creates a conflict of interest for Willis, Roman argues, and therefore the case should be dismissed.
A grand jury has found probable cause that Roman and his co-defendants have committed serious crimes against the people of Georgia. Four of those defendants have admitted their guilt by pleading guilty. Roman’s motion does not allege any deficiency with the evidence.
Meanwhile, Judge Scott McAfee has ordered Willis to respond to the allegations by Feb. 2 and has scheduled a hearing for Feb. 15. Willis has not denied the claims, admitting only that she is “flawed” and “imperfect.”
Willis may have committed serious ethical lapses in managing her office by engaging in a romantic relationship with a subordinate. But, even if true, that fact has absolutely nothing to do with the guilt or innocence of Roman, Trump and their co-defendants. The judge will certainly see the difference. Whether the public sees it that way is another matter, hence the growing chorus of calls for Wade to step down from the case. This public criticism is already becoming a distraction for a case that is of paramount importance not only to Fulton County, but also to the nation. A prosecutor handling such a high-profile case knows that she will attract scrutiny and must be above reproach.
Willis’ alleged breach of fiduciary duty to the people of Fulton County to manage her office is entirely different from any conflict of interest she might have as an attorney. A prosecutor has a conflict of interest if she has a personal stake in the outcome of the case such that the public could fairly question the defendant’s right to a fair trial. Such a conflict might arise where the prosecutor has a relationship with a victim, where she is a witness in the case, or where she has a financial interest in the outcome of the case.
