Judge Scott McAfee is considering issuing an order effectively gagging Fulton County District Attorney Fani Willis' office from talking publicly about her case against Donald Trump — and the idea left a legal expert shocked.
McAfee, while ruling that Willis can remain on the election interference case if lead prosecutor Nathan Wade, who she had a romantic relationship with, steps down, raised concern about a speech Willis gave at an Atlanta church in January.
"In these public and televised comments, the District Attorney complained that a Fulton County commissioner "and so many others" questioned her decision to hire SADA Wade," wrote McAfee.
"When referring to her detractors throughout, she frequently utilized the plural "they." The State argues the speech was not aimed at any of the defendants in this case. Maybe so. But maybe not.
"Therein lies the danger of public comment by a prosecuting attorney," McAfee said, adding that it was "legally improper."
"Providing this type of public comment creates dangerous waters for the District Attorney to wade further into," he went on.
"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, but that is not the motion presently before the Court."
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Though gag orders have been issued against Trump in other trials, this would be the first that silences his prosecutor.
In fact, Atlanta defense lawyer Andrew Fleischman said of the suggestion, "I've never seen that before."
Trump and his co-defendants are facing multiple charges related to an attempt to influence the 2020 election result in Georgia.
McAfee's ruling Friday followed a lengthy ethics hearing which centered on Willis' romantic relationship with Wade. Trump's co-defendants alleged that Willis and Wade were involved long before he was hired, and that it proves the entire prosecution was a scheme to grift funds from the state to spend on gifts and romantic vacations.