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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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.


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.


Former employee testifies that Willis, Wade were dating earlier

Former DA office employee Robin Yeartie testified that Fani Willis and Nathan Wade began dating prior to the Trump election interference case -- contradicting the claim in the state's court filing that the relationship started after Wade was hired.

"You know their personal relationship began shortly after" they met at a conference in October 2019, attorney Merchant asked the witness.

The witness, who said she was a old friend of Willis, replied, "Yes."

Yeartie is testifying via Zoom after she didn't appear in the courtroom.

The state is objecting to questions from the defense seemingly at every chance they can, which is significantly slowing down the proceedings. The judge has remained patient, but Michael Roman's attorney Ashleigh Merchant appears to be growing frustrated with the state's strategy.


Wade associate invokes attorney-client privilege

Terrance Bradley, a former law partner of Nathan Wade, is declining to answer questions about Fani Willis and Wade's relationship, citing attorney-client privilege.

"I was advised by the bar … I cannot reveal anything that I saw or learned," Bradley said. "I am here because I also have a law license and I'm not trying to lose that."

The judge pushed back, saying, "That's a broader representation of attorney-client privilege than I've ever heard."

The debate has drawn the first comments from Donald Trump's attorney Steve Sadow, who said of Bradley's view of attorney-client privilege, "There is no such case law."

Sadow even suggested Bradley be held in contempt if he continues to refuse to answer questions.


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.