(NewsNation) — A Georgia judge ruled Fulton County District Attorney Fani Willis may remain on the election interference case against former President Donald Trump if special prosecutor Nathan Wade is removed.
Trump’s team filed a motion to disqualify Willis because they argued Willis’ romantic relationship with Wade represented a conflict of interest.
The court found that the evidence did not support a conflict of interest but did find the relationship created an appearance of impropriety that needed to be addressed. The ruling gave Willis the option to step aside and let Wade stay on the case, or for Wade to withdraw while Willis continues to prosecute the case.
So, what is the difference between a conflict of interest and the appearance of impropriety?
Conflict of interest
Under Georgia law, a prosecutor can be dismissed for a conflict of interest, and courts in the state have recognized a number of specific situations that constitute a conflict.
Those include prosecutors who have previously represented the defendant; the prosecutor also being a witness against the defense; prosecutors having a close personal relationship with a victim; and when a special prosecutor is only paid if a conviction is secured.
Trump’s team argued Willis and Wade’s relationship constituted a conflict of interest because Wade paid for dates and trips, which meant Willis financially benefitted from his work on the case.
In her defense, Willis noted she reimbursed Wade for trips, dates and other expenses he paid during their romantic relationship.
The judge ruled there was not enough evidence to show the relationship was a conflict of interest and said the defense failed to prove that expenses between Willis and Wade were not divided “roughly equally,” while acknowledging that Willis could have benefited by a few hundred dollars.
The ruling also noted there was no evidence that any financial benefit motivated Willis to move forward with prosecuting Trump. The judge noted that Willis wasn’t suffering financially at the time and said the defense couldn’t provide evidence that any financial gain influenced the case against Trump.
Appearance of impropriety
However, the court did find there was an appearance of impropriety from Willis.
Unlike a conflict of interest, a finding of an appearance of impropriety does not require the defense to prove Willis actually benefitted from her relationship with Wade.
The American Bar Association defines an appearance of impropriety as behavior that would undermine public confidence in the judicial system and behavior that would lead “reasonable minds” to think there was an unfair benefit.
The ruling found that Willis’ decision to continue supervising Wade after they began dating and the fact that the couple didn’t keep an exact record of how finances were split to ensure an equal split could lead a reasonable person to believe she benefited from Wade’s work on the case.
The appearance of impropriety is not enough to dismiss the entire case against Trump, the judge ruled, saying Trump’s right to due process wasn’t violated and there was no evidence the issues created prejudice against him.
However, it was enough for the judge to rule that either Willis or Wade must be removed from the case in order for it to proceed. That change could be enough to delay the case, originally requested to be tried in August, possibly until after the 2024 election.
