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

The defense wants to disqualify DA Fani Willis in Trump's Georgia election case.

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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Trump attorney now questioning Bradley

Former President Trump's attorney Steve Sadow is now questioning Nathan Wade's former law partner Terrance Bradley.

Sadow, who is not present in the courtroom, is questioning Bradley over Zoom.


Bradley says he does 'not have the date' when relationship started

Ashleigh Merchant, the attorney for Trump co-defendant Michael Roman, struggled as she began in her direct examination of Wade's ex-attorney Terrence Bradley as the proceedings quickly got bogged down in objections over privilege.

"A lot of this is based on gossip and innuendo ... and privileged information," the state's attorney said while objecting to Merchant's questioning.

The back-and-forth already appears to be frustrating Judge Scott McAfee, who threatened to limit the testimony.

"Ms. Merchant, you don't have much more to pull on here," McAfee said.

"He doesn't remember much of anything right now, and so I'm trying to create a timeline to hopefully piece this together," Merchant responded regarding Bradley.

While Merchant attempted to ask Bradley about past text messages exchanged -- which have not been entered into evidence -- Judge McAfee limited the testimony.

Bradley himself said he could not recall when Willis and Wade began their romantic relationship.

"I can't give you a date if you're asking for a date," Bradley said. "If you're asking me how did I get the knowledge, it would have come directly from a client."

"At this time, I am telling you that I do not have the date," Bradley responded when Merchant pushed on the question.


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.


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.


Attorney, citing Willis' church speech, says she 'needs to go'

DA Fani Willis engaged in a "calculated plan ... to prejudice the defendants in this case in the minds of the jurors" when she defended herself and Nathan Wade during a speech at an Atlanta-area church in January, according to Craig Gillen, an attorney for defendant David Schafer.

During her remarks at the church, Willis repeatedly referred to herself as "flawed" and "imperfect" -- but did not directly acknowledge her relationship with Wade.

Gillen argued that her "deflection" strategy at the church merits disqualification because it could improperly "inject" race into the case, which might compromise the impartiality of the prospective jury pool.

"She chose to play the race card and the God card … to deflect away from the allegations" in the motion for disqualification, Gillen said. "She chose to inject race into the minds of the listeners."

Judge McAfee initially appeared skeptical of this argument, asking Gillen directly whether he could cite other instances in Georgia where a prosecutor had been dismissed based on their public commentary on a case.

"Thank goodness it doesn't happen very often," Gillen replied. "Sadly, it's already happened here."

"Prosecutors don't act like this, lawyers don't act like this … and they need to go," Gillen said.