Former New Jersey Superior Court Judge Andrew Napolitano told Newsmax on Friday that he doesn't believe Fulton County, Georgia, District Attorney Fani Willis will be disqualified from prosecuting the election inference case against former President Donald Trump due to an improper relationship with special prosecutor Nathan Wade.
"I don't think they'll be taken off the case, but I do think they should resign from the case if they really believe in it," Napolitano said during an appearance on "Wake Up America." "I don't think they did anything that's worthy of removing them from the case. I don't think the defendant proved it yesterday, but I do think that they should resign voluntarily from the case."
He also said he doesn't "think they perjured themselves" during their time on the witness stand on Thursday.
During a hearing focused on misconduct allegations, Willis took the stand and forcefully pushed back against what she called "lies" about her romantic relationship with Wade.
Napolitano said it was "very, very unusual to see the prosecutor on the stand, defensive like that."
"The last time I can remember this happening, which is the only other time I know of in the modern era, was the Duke rape case, where the prosecutor was put on the stand and was beaten up so severely — verbally beaten up — that the judge dismissed the charges against the defendants," he said. "That is not the case here. This goes to personal misbehavior, not to corruption of the case.
"So, one way to look at this is, OK, two lawyers had sex with each other. How long has that been going on? For 3,000 years? Another way to look at it is, is their personal relationship impairing their ability to make clear judgment in the case, and, if so, is the state — the client here is the state of Georgia — is the state entitled to lawyers who can make clear judgment, who are not involved in a relationship with each other? That's what this judge has to decide."
Regardless of the judge's decision, Napolitano said he doesn't think it will have an impact on the charges of election subversion the former president is facing in Fulton County.
"I happen to think those charges are very weak and highly inappropriate, these RICO [Racketeer Influenced and Corrupt Organizations] charges, but I don't think that whatever he finds about Fani Willis and Nathan Wade is going to interfere with those charges," he said.
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Nicole Weatherholtz ✉
Nicole Weatherholtz, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.
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