Trump’s Georgia trial hinges on this rookie judge

Misconduct allegations against the lawyer prosecuting Donald Trump in Georgia threaten to derail her case. A rookie judge – her former subordinate – is deciding whether to keep her on the case or reassign it to another prosecutor, or even possibly throw it out.

At just 34 years old, Judge Scott McAfee recently marked his first year on the bench but he has already presided over the trial of a lifetime, one involving criminal charges against a former president.

The prosecution in Fulton County, for allegedly conspiring to interfere in the 2020 election, is the most legally and logistically complex of the four criminal cases against Mr Trump.

Not only are 18 alleged co-conspirators charged alongside the current Republican presidential nominee, the trial will also likely be the only one that is televised.

But even before it has been scheduled, Superior Court Judge McAfee is contending with whether or not a new team of prosecutors is needed in the case.

Over the past two months, Mr Trump and his co-defendants have sought to prove that District Attorney Fani Willis inappropriately hired her “boyfriend”, took vacations using his pay from the case, and should be disqualified.

The allegations led to a four-day hearing centred on Ms Willis’ sex life that was broadcast to the world, replete with fiery exchanges and salacious stories. Judge McAfee will rule by Friday.

The youngest member of the Atlanta-area bench, Judge McAfee is described by those who know him as a tough but level-headed professional.

He has built an impressive CV over a relatively brief career, working for both Ms Willis, a Democrat, and the state’s Republican governor, Brian Kemp.

His conservative legal bona fides and demeanour may also shield him from potential accusations of bias, a charge Mr Trump has frequently flung at judges and prosecutors in other cases.

“His prior experience indicates that he is highly competent and well-qualified for the challenge of presiding over the massive indictment that places Donald Trump at the head of an alleged criminal enterprise,” Clark Cunningham, a professor at Georgia State University College of Law, told the BBC.

That prior experience checks many boxes typical of a rising legal star, with a couple of interesting quirks thrown in.

He is a volunteer scuba diver at the Georgia Aquarium, where his work includes “a few different things” such as cleaning exhibits, according to the institution.

He studied politics and music at Emory University in Atlanta, where he played cello for the school’s orchestra.

At the University of Georgia Law School, he belonged to the Federalist Society, a conservative legal group that serves as a pipeline for lawyers and judges on the right, and the Republican student group. He also interned for Georgia Supreme Court Justices David Nahmias and Keith Blackwell.

“What really stands out is his temperament – he’s not excitable, he’s even-keeled,” Mr Blackwell told the Atlanta Journal Constitution.

After graduating in 2013, Judge McAfee served as both a local prosecutor and in private practice, before eventually taking a job prosecuting homicides in the Fulton County district attorney’s office in 2015.

There, Ms Willis was his supervisor. In an interview with the Washington Post last year, she described him as one of her “baby attorneys”, praising him as “immensely talented”.

Ms Willis was elected Fulton County district attorney in 2020, and shortly after began her investigation into Mr Trump’s frantic efforts to overturn his narrow loss in Georgia that November.

Judge McAfee worked on “hundreds of felony cases ranging from armed robbery to murder” for the county, according to the Georgia governor’s office,

A year into his tenure, he was named trial court lawyer of the year.

In 2018, he moved to the federal government, as an assistant US attorney in Atlanta, and eventually caught the eye of Governor Kemp, who appointed him as inspector general in 2021.

“His experience as a tough prosecutor equips him to search out fraud, waste, abuse, and corruption, and bring those to justice who break the law,” Mr Kemp said in a statement at the time.

Just two years later, Judge McAfee ascended once again when Mr Kemp appointed him to the bench.

Six months later, in August 2023, the court system randomly assigned him the case of the decade – one that charges a former Oval Office occupant under racketeering laws used to take down mob bosses.

Its high stakes, during a presidential race involving Mr Trump, have quickly become clear.

Judge McAfee has faced months of threats, including a swatting incident at his home in January. So have Ms Willis and other Fulton County officials.

And his handling of the case has already drawn at least one Democratic challenger ahead of an election for his post in May, local radio host and activist Robert Patillo. Fulton County is dominated three-to-one by Democratic voters.

Mr Patillo told the New York Times the judge had mishandled the motions to disqualify Ms Willis.

“The court has turned this from one of the most solemn prosecutions of a former president into a daily reality show — something that you’d see on Real Housewives,” Mr Patillo said.

In a radio interview, Judge McAfee said politics would not influence his decision on Ms Willis, adding he wrote a rough draft of his ruling before Mr Patillo announced his challenge.

“I am calling it as best I can in the law, as I understand it,” he told WSB Atlanta.

Regardless of how he rules, one thing is for sure – Judge McAfee’s actions will be scrutinized now and possibly for years to come.