Republicans hammer Judge McAfee's ruling in Fani Willis case, calling it 'election interference'

Congressional Republicans criticized the latest ruling from Fulton County, Georgia, Superior Court Judge Scott McAfee, in which he refused to disqualify District Attorney Fani Willis, calling it "lawfare," a term used to describe a governing party's wielding the law as a strategic weapon — and alleging "election interference" against former President Trump. 

"The Atlanta prosecution — like the others — is a political hatchet job aimed at salvaging Joe Biden’s campaign. This lawfare against President Trump is more appropriate in a banana republic than America," Sen. Tom Cotton, R-Ark., said in a statement to Fox News Digital. 

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McAfee ruled on Friday that Willis must step back from the election interference case, or she would be required to fire special prosecutor Nathan Wade. The judge made clear that the defendants seeking to disqualify Willis "failed to meet their burden of proving that the district attorney acquired an actual conflict of interest in this case through her personal relationship and recurring travels with her lead prosecutor."

Fulton County District Attorney Fani Willis testifies during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse in Atlanta on Feb. 15. (Alyssa Pointer)

The judge said the record from the evidentiary hearing "highlights a significant appearance of impropriety that infects the current structure of the prosecution team." This, said McAfee, has to be removed through one of those two options. 

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Rep. Jim Banks, R-Ind., took to X to respond, writing, "Judge McAfee once worked for Fani Willis and donated to her campaign," he noted. "I am not shocked that he didn’t disqualify her, but as an American, I am disappointed."

"Fani Willis is as crooked as they come! It is impossible for @realDonaldTrump to get a fair trial! Election interference!" he continued. 

Last month, McAfee held a two-day evidentiary hearing for the co-defendants to make their case for Willis' disqualification, stemming from her relationship with Wade and its alleged connection to his role in the case. During the hearing, both Wade and Willis were questioned over money spent during their relationship and the timeline. 

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Sen. Lindsey Graham, R-S.C., blasted the judge's choice as "nonsensical" in a statement: "The charges brought by Fulton County DA Willis and the bizarre decision by the judge not to remove her for an obvious appearance of impropriety reinforces the narrative that there is a two-tiered system of justice for President Trump and those around him."

Graham added, "I am hopeful either the Georgia State Senate or the state’s Attorney General will look into this matter," calling it "a sad day for Georgia."

In a statement to Fox News Digital, Sen. John Barrasso, R-Wyo., said, "The American people are clear-eyed about what President Trump’s political opponents are attempting to do. They are using the justice system — timed to the election — for political purposes. Our nation deserves better."

Rep. Ronny Jackson, R-Texas, wrote on X, slamming McAfee as "another politically motivated judge."

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"The corruption in Fulton County, Georgia is some of the worst in the nation," said Rep. Marjorie Taylor Greene, R-Ga. "It makes most of us in Georgia sick."

Fellow Georgia GOP Rep. Mike Collins also sounded off on the decision, writing, "Breaking: Fulton County Judge says Fani gets to stay on the case… As long as she fires her boyfriend who has already billed taxpayers hundreds of thousands of dollars."

"It's totally fine. Nothing to see here," he added. 

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Democratic lawmakers were largely silent on the court's decision. 

However, Sen. Jon Tester, D-Mont., spokesperson Sarah Feldman said in a statement to Fox News Digital, "Senator Tester believes everyone should be treated fairly and without bias in a court of law and expects the treatment of former President Trump to be no different. Our criminal justice system must be without political influence, where no one is above the law, and all Americans are presumed innocent until proven guilty."