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: February 23, 2024, 12:45 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 16, 2024, 4:14 PM EST

Judge suspends Terrence Bradley's testimony

Terrence Bradley’s testimony has abruptly ended for the day on the request of Judge McAfee, who indicated he now doubts whether Bradley “has been properly interpreting privilege this entire time.”

The stunning development came after Bradley, when questioned by the state, testified about an allegation of sexual assault against him by an employee at the firm he shared with prosecutor Nathan Wade.

That testimony prompted defense lawyers to argue that if the sexual assault allegation is not covered by attorney-client privilege, neither should Bradley’s conversations with Wade about Wade’s relationship with DA Fani Willis.

“He lied,” said prosecutor Anna Cross.

The judge reiterated the need to speak to Bradley in private and suggested he could reopen evidence if he uncovers anything relevant.

He asked Bradley’s lawyer if his client is still in the courthouse and if so to go to the jury room for the private meeting.

Feb 16, 2024, 3:42 PM EST

Judge expresses frustration at questioning of witness

Testimony from one of the defense's key witnesses appears to be falling short as the judge seems to grow frustrated with repeated lines of questioning.

"I haven't really heard a point in a while," the judge told defense attorney Ashleigh Merchant amid a prolonged questioning of Nathan Wade's former law partner, Terrence Bradley, about his contract with the DA’s office. "Can we get along to something or we're gonna have to wrap it up."

The defense took a hit when the judge ruled earlier against their crime-fraud exception argument that would have compelled Bradley to testify about text messages with Merchant about Wade's relationship with DA Fani Willis – which Trump's attorney claimed could show Wade perjured himself on the stand about when that relationship started.

Terrence Bradley, Nathan Wade's former business partner, testifies during a hearing on the Georgia election interference case, Feb. 16, 2024, in Atlanta.
Alyssa Pointer/Pool via AP

But with the judge blocking that testimony for now, instead, the defense has been focused on long-winding questions about Bradley's legal contracts and about whether or not he had dinner with Wade or Willis – seemingly not what the defense had hoped would take up the witnesses' testimony.

At one point, another defense attorney argued to the court that adultery would fall under the crime-fraud exception – but the judge, seemingly growing annoyed, quickly shot it down.

Bradley was first called earlier this morning after the state declined to question Willis but was at a doctor's appointment. A person with Bradley told ABC News he attended the doctor's appointment because he figured Willis's testimony would take up the morning.

The state has forcefully worked all day to invoke privilege to block aspects of Bradley's testimony.

Feb 16, 2024, 3:07 PM EST

Witness 'sure' Wade told him about earlier 'socializing' with Willis

Terrence Bradley testified that he is “sure” prosecutor Nathan Wade told Bradley about “socializing” with DA Fani Willis prior to November 2021.

“Did Mr. Wade ever tell you prior to November 1 of 2021 that he had socialized or gone out to eat with Miss Willis in anything other than a professional setting?” asked Donald Trump’s attorney Steve Sadow.

“I'm sure he did,” Bradley replied.

Before that, Bradley also testified that he couldn't recall if Wade and Willis met privately in Wade's office.

"Did Miss Willis meet privately with Mr. Wade in his office that you observed?" Sadow asked.

"I can't recall," Bradley replied.

Feb 16, 2024, 2:44 PM EST

Judge says he will review text messages after hearing

Judge McAfee said Friday he would review Terrence Bradley’s text messages with prosecutor Nathan Wade after the hearing.

McAfee indicated the review would happen on-camera but remain sealed unless he’s “ever directed otherwise.”

“In order to preserve the record, at the conclusion of the hearing, I think I can go on camera with Mr. Chopra and Mr. Bradley and we can put in a sealed filing exactly what the extent of those communications were,” he said.

“Those [would] remain sealed until sometime if we’re ever directed otherwise,” the judge said.

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