Fani Willis faces uphill battle prosecuting Trump, including federal probe, while staying on the case: lawyers

Fani Willis dodged a bullet Friday when a judge ruled she can remain as prosecutor on the Trump election interference case — but she’s not in the clear just yet.

Fulton County, Georgia, Superior Court Judge Scott McAfee may have allowed her to continue on the case as long as she drops ex-boyfriend Nathan Wade, but his judgment reprimanded their conduct – which hurts her credibility both inside and outside the courtroom.

While she is likely to meet Trump and his co-defendants in court, “the DA is firmly on notice that any additional mishaps and missteps will come back to haunt her severely,” according to Georgia State University law Professor Anthony Kreis.

“She really is now on heightened alert and she needs to button things up on her end,” he told The Post. 

In addition to an expected appeal from the Trump case lawyers, Willis faces other hurdles.

The Senate Judiciary Committee headed by US Rep. Jim Jordan (R-Ohio) has already launched a probe into Willis’ alleged misuse of federal, state, and city funds.

A Georgia Senate commission has also already begun hearings on the possible misuse of funds issue.

More concerning for Willis is a bill signed Wednesday by Gov. Brian Kemp that calls for a Prosecutor Oversight Committee – the only agency that has the ability to reprimand, suspend, or even remove a Georgia DA or solicitor.

“The distraction around these issues are going to remain,” veteran Atlanta criminal defense attorney Dwight Thomas told The Post.

“Had the judge removed her, he would have been doing her a favor. We wouldn’t even be talking about this anymore.”

Judge McAfee said in his ruling Willis made a “tremendous lapse in judgment” by having a romantic relationship with her lead prosecutor.

He also noted the defense raised “reasonable questions” about whether the pair had testified truthfully as to the timeline of their relationship, which they maintained started in 2022, despite evidence presented in court.

The hearings and the attention it has drawn to them help Trump and his 14 remaining co-defendants in the courtroom, according to Georgia-based defense attorney and former prosecutor, Keith Johnson.

“Any discussion of the conduct of the prosecutor is one less discussion about the conduct of the defendants. 

“If you look at it from that lens as a defense attorney that is a win. Any delay for your client that is possibly in line to contend for the presidency in a few months is a win. From those two perspectives this has been a beneficial exercise for the Trump team,” he said.

The wording of the judgment will also help the defendants when it comes to their expected appeal against the ruling. The hearings have also caused a delay in the case, which was initially expected to take place in August, but will likely now be delayed until after the November election, legal sources have previously told The Post.

“My mother used to say all gifts don’t come gift-wrapped,” Thomas said. “I think the defense got a gift. The ruling is worded with some real vagueness that puts this all in very unsettled legal territory which will help the defense in its expected appeal.”

Georgia law would allow for the defense team to request within 10 days a certificate for appellate review. If the judge grants that certificate, the issue could go directly to Georgia’s Court of Appeals, Thomas said.