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The defense effort to disqualify Georgia prosecutor Fani Willis has featured dramatic and salacious testimony. But whether the effort succeeds could turn on something less sexy: legal standards. That is, whether Judge Scott McAfee kicks the district attorney and her office off Donald Trump’s case in Fulton County could depend upon what standard he applies in answering the legal question.
During Friday’s arguments, McAfee quizzed both sides about whether an actual conflict of interest is required or whether the appearance of impropriety suffices. Of course, the state hopes it’s the former and the defense hopes it’s the latter. McAfee sounded open to the possibility of the appearance standard, though it can be difficult to read too much into judges’ questions at hearings. Plus, even if he were to apply the standard the defense prefers, that doesn’t mean he would necessarily rule in their favor. Likewise, he could disqualify Willis under the actual conflict standard, though that seems less likely to occur.
McAfee closed the proceeding by noting that he has several legal and factual issues to sort through, and he said that he hoped to have an answer within the next two weeks. The hearing served as a reminder that the ultimate answer could hinge on the question he asks.
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