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 27, 2024, 2:20 PM EST

Judge says attorney-client privilege wasn't established

Judge Scott McAfee began the hearing by confirming that both Nathan Wade and his former law partner Terrence Bradley did not meet the burden to establish attorney-client privilege "as it relates to Mr. Bradley's knowledge of any relationship that existed between Ms. Willis and Mr. Wade."

"I didn't see any other choice but to allow the parties to have an opportunity to explore that topic with him," McAfee said regarding Bradley returning to testify.

Bradley then took the stand.

Feb 27, 2024, 2:10 PM EST

Hearing is underway

Tuesday's hearing in Fulton County is underway, with special prosecutor Nathan Wade's former law partner and divorce attorney, Terrence Bradley, expected back on the witness stand.

Wade is present in the courtroom but so far there is no sign of DA Fani Willis. The attorney for Michael Roman, Ashleigh Merchant, is also in court today, and former President Donald Trump's attorney is appearing over Zoom.

For the state, Adam Abbate, attorney for the DA's office, is present.

Feb 27, 2024, 12:39 PM EST

Wade's former attorney to retake the stand this afternoon

Prosecutor Nathan Wade's former law partner and divorce attorney, Terrence Bradley, will take retake the stand at a hearing this afternoon, after Judge McAfee ruled that Bradley must return to the witness stand to testify on topics not covered by attorney-client privilege.

During the hearing two weeks ago, Bradley cited attorney-client privilege in declining to answer many of the defense's questions about Wade and Willis' relationship. Attorneys for the defense have claimed Bradley has evidence that Wade and Willis' romantic relationship began before Willis hired Wade in November 2021, which would contradict Willis and Wade's sworn testimony that their relationship began in 2022 and ended in the summer of 2023.

Judge McAfee said during the earlier hearing that he was "left wondering" about whether Bradley had "been properly interpreting privilege."

Feb 16, 2024, 4:43 PM EST

Court adjourns, judge signals it will resume next week or week after

Court adjourned for the day as the judge signaled court will resume late next week or the following week.

Judge McAfee adjourned the court after denying the state's request to call a client of Nathan Wade and Terrence Bradley’s law firm who would testify that Bradley allegedly sexually assaulted her.

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