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

John Merchant, co-counsel for Trump co-defendant Michael Roman and the husband of co-counsel Ashleigh Merchant, who initially brought the motion to disqualify DA Fani Willis, is presenting arguments for the defense.

Judge McAfee noted at the top of the hearing and before arguments began that the defense would have an hour and a half for arguments today.

The judge said that time will be divided up between each defendant.

Prosecutor Nathan Wade is in the courtroom as today's hearing gets underway, but so far DA Fani Willis is not.

Judge Scott McAfee previously told the multiple defense attorneys he would give them one "time block" today for their closing arguments, and that they could "use the time how you think is effective."

The state will also make a closing argument.

Judge Scott McAfee will hear what is expected to be final arguments this afternoon on motions to disqualify DA Fani Willis based on allegations that she benefited financially from a romantic relationship with prosecutor Nathan Wade.

Both Willis and Wade testified their relationship began after he was hired for the case in 2021, and that Willis reimbursed Wade in cash for vacations they took that were booked on his credit card.

Defense lawyers initially argued that Wade's former law partner and divorce lawyer, Terrence Bradley, would contradict Wade and Willis' claim on the stand about when the relationship began, but Bradley instead testified earlier this week that any past statements he made to that effect were "speculation on my part."

Bradley, according to text messages read in court, previously told defense attorney Ashleigh Merchant -- who led the charge on the disqualification effort -- that Willis and Wade's relationship began long before he was hired, raising potential credibility issues for Judge McAfee to consider.

"Absolutely," Bradley wrote Merchant in a text message read in court. "[The relationship] started when she left the DAS office and was judge in South Fulton."

Judge McAfee had left open the possibility that he could "reopen" the evidentiary process after both the defense and state submitted motions containing new evidence, telling them they could both "proffer" their evidence at the hearing and that he would make a determination.

Trump's attorney are seeking to admit data from Nathan Wade's cellphone they say shows Wade in the area of Willis' home dozens of times before he was hired, which the state disputes. The state is also seeking to enter an affidavit from a winery employee they say will back up Willis' claims that she paid for her and Wade's excursions in cash.

After more than two hours, Tuesday's hearing concluded without providing any revelatory information about the timeline of the romantic relationship between Fulton County prosecutor Nathan Wade and DA Fani Willis, which the defense contends started before Wade was hired, in contrast to what both Wade and Willis have testified.

Judge Scott McAfee said that he plans to hear arguments from the parties on Friday about the case for Willis' disqualification so he can try to make a ruling.

"At this point, I need to start hearing the arguments and the law and what we've heard so far. If I think I'm able to reach a ruling based on that, I will," McAfee said.

He added that the parties could push to continue presenting evidence if needed.

"The intention is that we're still sticking with the argument," McAfee said. "But the parties are free to address some of these issues that have been brought up, post-hearing, if they'd like to."