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 15, 2024, 11:45 AM EST

Wade testifies his relationship with Willis began in 2022

Prosecutor Nathan Wade, refuting earlier testimony claiming his relationship with DA Fani Willis started before she hired him on the election interference case case in November 2021, testified that the relationship started in 2022.

"When did your romantic relationship with Mrs. Willis begin?" defense attorney Ashleigh Merchant asked him.

"2022," Wade replied.

"When?" Merchant pressed.

"Early 2022," Wade responded.

"What's early?," Merchant asked.

"Around March," Wade said.

Wade was then asked about conversations he and Willis had around their first meeting in 2019. He testified that they spoke two or three times in 2019.

"She felt comfortable calling for advice," he testified.

He said the calls progressed and they spoke more frequently. He testified that in 2021, the discussions between him and Willis became "frequent."

Feb 15, 2024, 11:29 AM EST

Wade testifies he's 'not recalling' traveling with Willis in 2021

Special prosecutor Nathan Wade, asked if he traveled with DA Fani Willis around the time prior to the Trump election interference case being launched, stated that he's "not recalling" that after being pushed to answer "yes" or "no."

When asked by the defense if he traveled with Willis in 2023 or 2022, Wade said he did -- but he gave a different answer when asked about 2021.

"Did you travel with her in 2021?" defense attorney Ashleigh Merchant asked.

"I'm not recalling any travel in 2021," Wade replied.

"It's not yes or no, you just don't remember?" Merchant pressed.

An attorney for the DA said during Merchant's questioning, "We're going pretty far field into divorce matters." But the judge let questioning continue.

Feb 15, 2024, 11:05 AM EST

Nathan Wade takes the stand

Special prosecutor Nathan Wade is now on the stand.

Fulton County prosecutors made a motion to quash the subpoena for Wade to testify, but Judge Scott McAfee rejected the motion, saying the "evidence in front of the court at the moment" is that a witness testified that the relationship predated his hiring, which contradicts their court filing.

"I don't see a way around the relevance of his testimony," said the judge.

Feb 15, 2024, 11:00 AM EST

Witness testifies Willis told her of relationship with Wade

Trump's attorney Steve Sadow drilled down into the testimony from Former DA office employee Robin Yeartie that Willis told her repeatedly that she and Wade were in a relationship before he was hired in 2021.

"Told you that in the year of 2020?" Sadow asked.

"Yes," Yeartie said.

"In the year of 2021?" Sadow asked.

"Yes," Yeartie said.

"Are you certain that Mrs. Willis told you about the romantic relationship with Mr. Wade prior to November 1 of 2021?, Sadow asked.

"Yes," Yeartie said.

Yeartie also testified she saw them "hugging, kissing, just affection."

All before he was hired?

"Yes," Yeartie said.

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