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.

ByOlivia Rubin, Will Steakin, Peter Charalambous, Lucien Bruggeman, and Laura Romero
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."

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Here's how the news is developing. All times Eastern.
Feb 16, 2024, 11:46 AM EST

Ex-governor turned down role before it was offered to Wade

Former Georgia Gov. Roy Barnes testified that early in DA Fani Willis' election interference probe, he was asked by Willis about taking the special prosecutor role in the investigation, but that he turned it down.

The former governor initially said he didn't remember the day when that meeting occurred.

But after stepping off the stand, about 10 minutes later Barnes walked back into the courtroom with his phone in his hand and calendar app pulled up, to tell the court the date he had found.

He said that the meeting where he turned down the special prosecutor position was on Oct 26, 2021 -- which would have been a few days before Nathan Wade was contracted for the position on Nov. 1, 2021.

Feb 16, 2024, 11:34 AM EST

Judge slams Wade associate for not appearing

A visibly irritated Judge McAfee threatened to hold a potential witness in violation of a subpoena for his failure to appear at the hearing today.

Terrence Bradley, a former associate of and lawyer for Nathan Wade, took the stand on Thursday and largely declined to answer questions, citing attorney-client privilege. The state intended to call Bradley back to the stand on Friday, but his attorney said he was at a doctor’s appointment.

Bradley’s failure to appear caused a roughly 90-minute delay before proceedings resumed.

“The notice in this hearing indicated it would last at least two days,” McAfee said. “So right now, I think he's in violation of a subpoena.”

An attorney for Bradley said he would encourage his client to return to court as quickly as possible to resume testimony this afternoon.

DA Fani Willis' father is now on the stand.

Feb 16, 2024, 11:02 AM EST

State calls former Georgia governor as witness

Court is now back in session following a break.

The state has called former Georgia Gov. Roy Barnes to the stand.

Barnes is the first witness in the state's case, followed by Willis' father, John Floyd III.

Feb 16, 2024, 10:19 AM EST

State was 'satisfied' with Willis' testimony, source says

A source familiar with the state's decision-making process tells ABC News the state did not recall DA Fani Willis to the stand because they were ultimately "satisfied" with her testimony Thursday.

The source said they felt Willis "addressed everything," and that they could stand on that testimony moving forward.

"Why reopen it?" the source said.

As a result of the state deciding not to cross-examine Willis, the defense now won't have a chance to question her again.

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