A thorny conflict of interest looms in the Trump case

At the heart of the effort to disqualify the prosecutors in Donald J. Trump's election interference case is the argument that the romantic relationship between Fani T. Willis, the Fulton County district attorney, and Nathan J. Wade, the special prosecutor who she hired has resulted in a conflict of interest.

That argument has been made primarily by Ashleigh Merchant, the attorney for Michael Roman, a former Trump campaign official and co-defendant in the case. Ms. Merchant accuses the prosecutor of hiring Mr. Wade after they began dating, noting that the couple took several vacations together that were paid for by Mr. Wade.

But Mr. Wade says the romantic relationship began after he was hired. And according to Ms Willis, they “roughly split” the cost of the trips.

Ms Merchant said in a recent court filing that the couple had “personally enriched themselves through the business.” That enrichment, she wrote, 'is a form of self-dealing, which creates a personal interest in the matter. In other words, the more work done on the case (regardless of what justice demands), the more they get paid.”

That personal interest, she added, is “contrary to the prosecutor's obligation to seek justice.” Ms. Merchant and other attorneys have also argued that the situation violates several laws and the State Bar of Georgia's Rules of Professional Conduct.

Some legal observers have dismissed out of hand the idea that the relationship and Mr. Wade's financing of the couple's vacations amount to a conflict of interest under Georgian law. But the presiding judge in the case, Scott McAfee of the Fulton County Superior Court, has indicated that he thinks it is at least possible that such a conflict exists, depending on what additional details emerge during Thursday's hearing.

“The state has admitted that a relationship existed,” Judge McAfee said earlier this week. “And so what remains to be proven is the existence and magnitude of any financial benefit – again, if there was any.”

He said even “the appearance of” a conflict could lead to disqualification.