FULTON COUNTY, Ga. — A major decision could be on the horizon in the ongoing disqualification controversy surrounding Fulton County District Attorney Fani Willis and special prosecutor Nathan Wade.
Defense attorneys have argued the two are unable to impartially prosecute the case after engaging in a romantic relationship. They claim the pair improperly financially benefitted from that relationship, an allegation both Willis and Wade have denied.
Developments in the saga over the past seven days have put both old and new questions squarely before Fulton County Superior Court Judge Scott McAfee.
Here's what to watch for in the coming days.
Defense team seeks to enter additional testimony
Even though 'closing' arguments happened last week, the defense team is now asking Judge Scott McAfee to reopen the evidentiary record and allow more testimony to be submitted.
In multiple filings this week, defense attorneys said they have two new witnesses -- both lawyers themselves -- who say they were told Willis and Wade began their romantic relationship in 2019 --which would have come before Willis appointed Wade as special prosecutor.
Willis and Wade have both testified their relationship didn't start until 2022, after Wade had taken the job.
State asks judge to block additional defense testimony
The state has asked the judge to keep those witnesses out of the record.
In a filing earlier this week, Willis said the record in the disqualification controversy has already been closed and suggested, "the proposed testimony may also be seen as an attempt to try this case in the public eye and to further prejudice, embarrass, and harass the District Attorney."
Ruling(s) possible next week
Judge Scott McAfee now has some decisions to make.
- He's got to decide whether to admit the defense team's newly proposed testimony into the record.
- He must decide what the legal standard for disqualification in the case actually is.
- And, eventually, he will need to make a final ruling on the disqualification question, deciding whether or not Willis and Wade may continue prosecuting the case.
An exact timeline for when those decisions are made is not clear, but at closing arguments last week, McAfee suggested rulings could be coming soon.
"There are several legal issues to sort through, several factual determinations that I have to make," McAfee said. "I will be taking the time to make sure that I give this case the full consideration it's due. I hope to have an answer for everyone within the next two weeks."
Those comments from the bench came seven days ago. If the judge's timeline holds, a decision on some -- or all -- of the questions presented could come next week.