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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Witness says he has 'no knowledge' of when relationship began

After a long back and forth, Terrence Bradley testified that he does not have any personal knowledge of when DA Fani Willis and prosecutor Nathan Wade began their romantic relationship.

“Any knowledge of Nathan Wade and Fani Willis's romantic relationship beginning while they were both serving as judges– is any knowledge that you have from your own personal knowledge or something that was told to you in furtherance of legal advice?” asked attorney Ashleigh Merchant.

“I have no personal knowledge of when it actually happened,” Bradley replied.


State working to block testimony from Wade associate

The state is forcefully working to block testimony from Nathan Wade's law partner Terrence Bradley regarding text exchanges he had with defense attorney Ashleigh Merchant in September 2023.

The judge is so far allowing the defense to continue with its questioning of the texts.

At one point, Merchant handed her phone to the state to look at the texts after the state claimed they weren't sure if the texts were being presented in full.

"These exchanges are just two lawyers gossiping about information," the state said, while holding Merchant's phone. "And I'm concerned about it coming into the record in this way.”

The state told the court that they object to the defense even asking questions about the texts because if they were read it would be "inflammatory."


Wade associate called to the stand after failing to appear earlier

The defense called prosecutor Nathan Wade’s law partner Terrence Bradley to the stand as the hearing resumed Friday afternoon after a recess.

Bradley was called earlier but did not appear in court. Judge McAfee threatened to hold the witness in violation of a subpoena for his failure to appear. His attorney said he was at a doctor’s appointment.

The state is working to invoke privilege over his testimony.


Willis' father testifies he's rarely seen her due to threats

DA Fani Willis' father testified more about the fallout the Willis family has faced in light of the ongoing threats she has faced over her work -- including how it has forced Willis to limit her contact with her father.

Willis' father, John Floyd, said "I've only seen my daughter -- and this is very hard for me to say – but during the period my daughter left, I've only seen my daughter 13 times because I can't."

Floyd testified that even when he's seen his daughter, they've kept their time together short.

"And we've never seen each other for more than maybe three hours because of, you know, the nightmare threats," he said.

Court recessed for a one-hour break after Floyd stepped down from the stand.


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.