Fulton County District Attorney Fani Willis can continue to work on the Georgia 2020 election interference racketeering case against former President Donald Trump and others - if the special prosecutor with whom she had a romantic relationship is removed, a judge ruled Friday.
Attorneys for Trump and his co-defendants had argued that the relationship between Willis and special prosecutor Nathan Wade constituted a conflict of interest from which Willis and Wade personally benefited.
Following intense testimony - including from Willis - Fulton County Superior Court Judge Scott McAfee on Friday rejected the allegation that Willis had gained from the relationship, according to outlets including the Associated Press.
McAfee also, ruled, however, that there remained the "appearance of impropriety."
"As the case moves forward, reasonable members of the public could easily be left to wonder whether the financial exchanges have continued resulting in some form of benefit to the District Attorney, or even whether the romantic relationship has resumed," the judge wrote.
"Put differently, an outsider could reasonably think that the District Attorney is not exercising her independent professional judgment totally free of any compromising influences. As long as Wade remains on the case, this unnecessary perception will persist."
McAfee ruled Friday that Willis can stay on the case, but only if Wade is removed.
Willis did not immediately respond to the Associated Press' request for comment.
An attorney for Trump co-defendant Michael Roman had sought a dismissal of the indictment, alleging that Willis paid Wade for his work, then directly benefited from the case when Wade in turn paid for vacations for the two of them.
Willis testified that there was no conflict of interest, and that she had either paid for things herself or reimbursed Wade with cash. The relationship ended in the summer of 2023, both she and Wade testified.
Trump and several co-defendants are accused of violating Georgia's Racketeer Influenced and Corrupt Organizations Act in their bid to keep him in office after his 2020 election loss to Joe Biden.
Trump, the presumptive Republican nominee in this fall's election, has denied wrongdoing.