Fulton County hearing: Trump case hangs in balance as judge mulls DA disqualification

The defense wants to disqualify DA Fani Willis in Trump's Georgia election case.

Last Updated: March 5, 2024, 7:10 PM EST

Following three days of testimony plus closing arguments, Scott McAfee, the judge overseeing former President Donald Trump's Georgia election interference case, is weighing motions to disqualify Fulton County District Attorney Fani Willis, primarily over accusations from Trump co-defendant Michael Roman that she benefited financially from a "personal, romantic relationship" with prosecutor Nathan Wade, who she hired for the case.

Willis and Wade, in a court filing, admitted to the relationship but said it "does not amount to a disqualifying conflict of interest" and that the relationship "has never involved direct or indirect financial benefit to District Attorney Willis."

Feb 15, 2024, 2:09 PM EST

Wade testifies relationship with Willis ended last year

Facing questions from former President Trump's attorney Steve Sadow for the first time, prosecutor Nathan Wade testified that his relationship with Willis ended in the summer of 2023.

"I would say June maybe," Nathan said of the timing.

Sadow and Wade then went through an awkward line of questioning regarding whether Wade had a "personal" relationship after the breakup.

"Are you asking me if I had intercourse with the district attorney?" Wade asked bluntly.

"I was trying not to," Sadow responded. Wade eventually answered no.

Sadow also peppered Wade with questions about who knew about the relationship.

"If it was a legitimate relationship, is there any reason this relationship was kept secret or private?" he asked.

"We weren't trying to keep anything secret, Mr. Sadow," Wade said later.

Feb 15, 2024, 2:04 PM EST

Defense questions Wade on his contract with Fulton County

Craig Gillen, the attorney for Trump co-defendant David Shafer, pressed Nathan Wade on his contract with Fulton County, how much he was paid, and the timeline of his personal relationship with DA Fani Willis.

"During the course of romantic relations, yes or no -- you signed [the] extension on November the 15th, 2022?" Gillen asked, referring to Wade's contract with Fulton County.

"The answer to that question is yes," Wade replied.

"Ater the Aruba trip, you get re-upped with a new contract?" Gillen asked.

"Correct," replied Wade.

Asked by Gillen about an invoice that billed Fulton County for "24 hours of work in one day," Wade said the date reflects when he completed the task of preparing the election case for pretrial.

"Tell the court what you billed for on November 5, 2021," Gillen said.

"On November the 5th, I completed the task of preparing the cases for pretrial," Wade said. "That's the date I completed..." Wade continued, before being interrupted by Gillen, who said, "Just read it."

Feb 15, 2024, 1:43 PM EST

Wade questioned if he had 'sexual relations' with Willis

Prosecutor Nathan Wade was questioned by defense counsel regarding his relationship with DA Fani Willis and specifically asked if he had "sexual relations" with her.

He was specially questioned by Craig Gillen, the attorney for Trump co-defendant David Shafer, about answers he gave on a interrogatory related to Wade's divorce, when Wade was asked if he had any sexual relations with a woman during his marriage and separation to his now-ex-wife.

"Let's just get down to it," Gillen asked Wade. "Did you or did you not, by May the 30th, 2023, have had sexual relations with Miss Willis, yes or no?"

"Yes," Wade replied.

Fulton County Special Prosecutor Nathan Wade testifies during a hearing on the Georgia election interference case, Feb. 15, 2024, in Atlanta.
Alyssa Pointer/AP

Wade was then asked why he answered "none" on the interrogatory related to the divorce.

"I didn't answer 'no' to the question you just asked," Wade said. "I answered 'no' to the interrogatory question."

Wade was then pressed on the cash payments he earlier testified that Willis made to him to reimburse him for travel costs.

"You don't have a single solitary deposit slip to corroborate or support any of your allegations that you were paid by Ms. Willis in cash, sir? Not a single, solitary one?" Gillen asked.

"Not a single one," Wade replied.

Feb 15, 2024, 12:54 PM EST

Wade testifies he never discussed relationship publicly

Prosecutor Nathan Wade testified that he never talked about his romantic relationship with DA Fani Willis in social settings, after a witness earlier testified that she had observed the relationship.

"Did you discuss your personal relationship, your private personal romantic relationship, with Miss Willis in social settings?" defense attorney Ashleigh Merchant asked Wade.

"No, ma'am," Wade replied.

Merchant then asked if Wade ever discussed his relationship with Willis while around Robin Yeartie, the friend of Willis who testified earlier that Wade and Willis' relationship began prior to the start of the Trump election interference case.

Wade testified that he did not.

Wade said he and Willis are "private people" and said their relationship "wasn't a secret. It was just private. So not at all ... I wouldn't have discussed my relationship with Miss Yeartie or anyone else."

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