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, 2:55 PM EST

Wade testified his income decreased with case

Under questioning from an attorney with the DA's office, prosecutor Nathan Wade testified that his income decreased after signing on to work with Fulton County, and that he had to work "so many hours" that he couldn't get paid for.

"In 2022, your estimated monthly income at that time was $14,000 a month?" special prosecutor Anna Cross asked.

"Yes," Wade replied.

"In 2023, what did that number come to?" asked Cross.

"$9,500," Wade said.

When asked about the hours Wade worked that he didn't get paid for due to a cap, because of a cap, Wade said there were "so many hours" that he worked that he couldn't get paid for.

"This invoice makes me cry," Wade said. "There's so many hours here that I worked that I couldn't I couldn't get paid for."

"This is not the type of job that you can walk away from just because you're not getting paid for it," Wade said.

Feb 15, 2024, 2:47 PM EST

Wade asked about visiting Willis' condo

Trump's attorney Steve Sadow asked Wade about visiting Willis' Atlanta-area condo before November 2021, which would have been prior to his getting a contract with the DA office.

"Did you and Ms. Willis go to the Hapeville condo prior to Nov. 1, 2021?" Sadow asked.

"Yes," said Wade, who said he "maybe went to talk about a document that I received."

Sadow then asked Wade if phone records showed Wade made calls from Willis' condo prior to November 2021 ,would they be wrong.

"Yes sir," Wade replied.

Asked what other reasons phone records would show him making calls from that area if they were not made from Willis' apartment, Wade pointed to the airport near Hapeville.

Feb 15, 2024, 2:19 PM EST

Wade testifies divorce timing was a coincidence

Donald Trump's attorney Steve Sadow asked Nathan Wade why he filed his divorce after being hired by Fulton County.

"Can you answer the question why you waited until Nov. 2, the day after you were hired by Miss Willis. to file for divorce?" asked Sadow.

"I can't," Wade replied.

Wade explained that because his ex-wife had relocated to Texas, he was only able to serve her the divorce papers when she returned to Georgia.

"It was purely by coincidence that I filed the day after the contract with the DA's office," Wade said.

Feb 15, 2024, 2:16 PM EST

Wade pressed on why Willis reimbursed trip costs in cash

In a stern line of questioning, Trump's attorney Steve Sadow challenged prosecutor Nathan Wade on why DA Fani Willis would reimburse him in cash for travel and trips.

"You would have received thousands of dollars in cash from Miss Willis, correct?" Sadow asked.

"Yes, sir," replied Wade.

Trump's attorney then asked Wade if he "knew the source of the cash" – which Wade said he did not, claiming it was "out of her pocketbook."

Sadow followed up, wondering why Willis' form of repayment didn't stand out to Wade.

"The whole time that you she was paying you in cash, you never said, 'Hey, why do you have this amount of cash?'" Sadow asked.

Wade answered that in his law practice, "people come into my law firm all the time with cash" and that he "never questioned where they got it."

Sadow shot back, saying, "But we're talking not about people that come into your law firm -- we're talking about the district attorney of Fulton County, who I'm assuming receives a paycheck. She doesn't get paid in cash."

Wade also testified that he never saw any records of Willis making cash withdrawals.

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