'Tremendous lapse in judgment': 7 takeaways from Georgia judge rebuking DA Fani Willis in Donald Trump case

The Georgia judge presiding over Donald Trump’s election racketeering case ruled Friday that Fulton County District Attorney Fani Willis can remain on the case – but only if a former romantic partner, special prosecutor Nathan Wade, withdrew.

Hours later, Wade resigned.

Superior Judge Scott McAfee had ruled that Willis showed a “tremendous lapse in judgment” in having a romantic relationship with Wade and by not keeping clear records of how they financially split personal expenses while working on the case. Removing Willis could have derailed a trial in the case.

Willis and Wade each testified the relationship began after she hired him and that she repaid him for trips they took together. But Trump, former White House aide Michael Roman and co-defendant David Shafer urged McAfee to remove Willis because of what they said was a conflict of interest.

Here are seven takeaways from McAfee's ruling:

Willis showed 'tremendous lapse in judgment': McAfee

McAfee found no actual conflict of interest in Willis hiring Wade to help prosecute Trump and 18 co-defendants on racketeering charges they conspired to steal the 2020 election. Four of the defendants have pleaded guilty and 15 including Trump have pleaded not guilty.

But McAfee criticized Willis' actions in the high-profile case.

"Without sufficient evidence that the District Attorney acquired a personal stake in the prosecution, or that her financial arrangements had any impact on the case, the Defendants’ claims of an actual conflict must be denied," McAfee wrote. "This finding is by no means an indication that the Court condones this tremendous lapse in judgment or the unprofessional manner of the District Attorney’s testimony during the evidentiary hearing."

More: Fani Willis decision: Read the judge's full ruling on Willis in Trump election fraud case

McAfee criticized Willis' time on the stand. Willis had accused one defense lawyer of being both "intrusive in people’s personal lives" and "confused."

"You think I’m on trial. These people are on trial for trying to steal an election in 2020,” Willis said at one point, gesturing to the defense.

Willis also accused a defense lawyer of lying by insinuating that she would sleep with someone on their first day of meeting.

“That’s a lie,” Willis said. “It’s highly offensive when someone lies on you.”

McAfee ruled Willis could stay if Wade goes

Despite the criticism, McAfee ruled that disqualifying Willis wasn't necessary if a less drastic remedial option was available. He offered Willis two options: Willis could step down or Wade could withdraw.

"The District Attorney may choose to step aside, along with the whole of her office, and refer the prosecution to the Prosecuting Attorneys’ Council for reassignment," McAfee wrote. "Alternatively, SADA Wade can withdraw, allowing the District Attorney, the Defendants, and the public to move forward without his presence or remuneration distracting from and potentially compromising the merits of this case."

Wade quit 'to move this case forward as quickly as possible'

Wade resigned just hours after McAfee's ruling.

“Although the court found that ‘the Defendants filed to meet their burden of proving that the District Attorney acquired an actual conflict of interest,’ I am offering my resignation in the interest of democracy, in dedication to the American public, and to move this case forward as quickly as possible,” Wade wrote to Willis.

Willis accepted the resignation and thanked Wade.

“I will always remember ? and will remind everyone ? that you were brave enough to step forward and take on the investigation and prosecution of the allegations that the defendants in this case engaged in a conspiracy to overturn Georgia's 2020 Presidential Election," Willis wrote.

Wade gave 'inaccurate' description of relationship in sworn statements: McAfee

McAfee said Wade’s explanation of his “inaccurate” responses to his wife’s questions during their divorce proceedings showed a “willingness on his part to wrongly conceal his relationship with the District Attorney."

The judge ruled that people could continue to wonder if Willis and Wade were still in a relationship – and whether the financial exchanges continue – if they continued prosecuting the case together.

“As the District Attorney testified, her relationship with Wade has only ‘cemented’ after these motions and ‘is stronger than ever,’” McAfee said. "As long as Wade remains on the case, this unnecessary perception will persist."

McAfee found 'appearance of impropriety' in Willis and Wade relationship

McAfee wrote that even if the romantic relationship began before Willis hired Wade in November 2021, she continued supervising him and allowed “the regular and loose exchange of money between them.”

Willis and Wade each testified under oath that their relationship began in spring 2022 and ended in summer 2023. But other witnesses gave testimony suggesting the relationship began as early as 2019, which bolstered the arguments from Trump and other co-defendants that Willis stood to benefit financially from hiring Wade and traveling with him.

The lack of clear evidence that finances were split created “the possibility and appearance that the District Attorney benefited – albeit non-materially – from a contract whose award lay solely within her purview and policing,” McAfee wrote. “With these principles in mind, the Court finds that the record made at the evidentiary hearing established that the District Attorney’s prosecution is encumbered by an appearance of impropriety."

Judge threatens gag order after Willis church speech

In addition to the romantic relationship, defendants sought to disqualify Willis for a speech she gave Jan. 14 at Big Bethel AME Church accusing her detractors of attacking Wade rather than two other special prosecutors because he is Black and they are white.

Although the speech didn't cross the line into denying the defendants a fair trial, McAfee wrote, it was still legally improper.

"Providing this type of public comment creates dangerous waters for the District Attorney to wade further into," McAfee wrote. "The time may well have arrived for an order preventing the State from mentioning the case in any public forum to prevent prejudicial pretrial publicity."

McAfee suggested, however, that the defendants would first have to formally request that the court impose a gag order.

McAfee suggested Willis could be disciplined through legal boards or by voters

McAfee said Willis may be punished in other venues, but that the relationship didn't represent an actual conflict of interest over the Trump case.

"Other forums or sources of authority such as the General Assembly, the Georgia State Ethics Commission, the State Bar of Georgia, the Fulton County Board of Commissioners, or the voters of Fulton County may offer feedback on any unanswered questions that linger," McAfee wrote.

This article originally appeared on USA TODAY: Georgia judge blasts DA Fani Willis but doesn't remove her: takeaways