ATLANTA — Just hours after a Fulton County Superior Court judge issued a ruling giving District Attorney Fani Willis an ultimatum in the Georgia 2020 election interference case -- step down from the case or remove the special prosecutor in charge -- there appears to be a decision.
In a letter sent to the Fulton County District Attorney's Office, special prosecutor Nathan Wade informed D.A. Willis he is resigning from the case.
It comes after Judge Scott McAfee issued a ruling Friday morning in which he said he did not find that a relationship between Willis and Wade amounted to a conflict of interest that should disqualify her or her office from the case. However, McAfee said the allegations created an “appearance of impropriety” that "infected" the prosecution team and the relationship was a “tremendous” lapse in judgment.
In his letter, Wade said his team is dedicated to ensuring that a Fulton County jury would render "a true and just verdict" in the case and would step down to preserve that.
"The rule of law and democracy is and has always been the North Star of our combined efforts in the prosecution of those who are alleged to have attempted to overthrow the results of Georgia's 2020 Presidential Election," Wade wrote. "As directed by the Order today ... I hereby offer my resignation, effective immediately."
In a letter of her own, Willis accepted Wade's resignation, complimenting him on his "professionalism and dignity" up to this point, even with "threats against you and your family, as well as unjustified attacks in the media and in court on your reputation as a lawyer."
Willis continued, praising his "bravery" in taking up the case, writing: "You were the one who had the courage to accept the role, even though you did not seek it."
The ruling from McAfee provides an answer to a controversy that has embroiled the district attorney and her office for more than two months.
Wade had been appointed by Willis to lead the team of prosecutors pursuing a criminal case against former president Donald Trump and eighteen others accused in an August 2023 RICO indictment of unlawfully interfering in Georgia’s 2020 election.
Wade’s appointment to the role of special prosecutor generated hundreds of thousands of dollars in revenue for his law firm, public records revealed.
Defense attorneys sought to establish that the pair were romantically involved at the time of the appointment and that Wade used some of the money he earned as a special prosecutor to pay for vacations for the pair.
The prosecutors admitted that they shared a romantic relationship in the past, but denied that anything improper occurred.
Judge McAfee’s decision Friday resolves the months-long dispute. But it may not be the final word on the issue. Legal experts say an appeal could be likely—though the timing of any potential appeal is not yet known.
Nevertheless, Wade, in his resignation letter, wrote that he was "proud" of the work his team accomplished "in investigating, indicting, and litigating this case. Seeking justice for the people of Georgia and the United States, and being part of the effort to ensure that the rule of law and democracy are preserved, has been the honor of a lifetime."
"I am sure that the case, and the team, will be in good hands moving forward and justice will be served," Wade closed.