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."
Top headlines:
- Defense says Willis committed 'unforgivable' misconduct
- Hearing concludes, judge says ruling expected within 2 weeks
- Judge presses DA's office: 'Money has changed hands'
- Bradley says he does 'not have the date' when relationship started
- Trump attorney accuses Nathan Wade of perjury
- Willis says she didn't consider relationship romantic before hiring
Trump attorney presses Bradley on dates of relationship
Prosecutor Nathan Wade's former attorney Terrence Bradley described his past statements as "speculation" when Donald Trump's attorney Steve Sadow confronted him with past text messages Bradley exchanged with another defense attorney that appeared inconsistent with his current testimony.
"That's speculation on my part," Bradley said. "I stated that I was speculating."
Sadow showed him past text messages where Bradley said Wade and DA Fani Willis "absolutely" began their relationship before Wade was hired by Willis.
"It started when she left the DAs office and was [a] judge in South Fulton. They met at the Municipal Court CLE conference," Bradley said in a text message that was entered into evidence.
Claiming he was speculating in that text, Bradley reiterated that he does not have direct information about when the relationship began. He said that between 2018 and 2022, he only spoke with Wade about the relationship once.
"I do not know when the relationship started between Mr. Wade and Ms. Willis. I cannot recall that," Bradley said.
"Is it your testimony that you don't know, under oath, whether or not there was a relationship between Mr. Wade and Ms. Willis, before the contract?" Sadow asked, referring to Wade's November 2021 contract with the DA.
"I do not recall any dates of when the relationship started," Bradley responded.
Sadow, however, appeared incredulous of Bradley and hammered at his claim.
"That's the true explanation because you don't want to admit it in court, correct?" Sadow said.
Bradley did not change his account of the relationship, despite Sadow's repeated questions.
Sadow ultimately concluded his questions by reminding Bradley about the stakes of his testimony.
"You realize that if you were to testify under oath that you knew from Mr. Wade that the relationship between him and Miss Willis existed before the contract on November 1 of 2021 ... that would show that both Ms. Willis and Mr. Wade had lied under oath. You know that don't you?" Sadow said, prompting a sustained objection.
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.
Attorney says DA has left 'irreparable stain' on case
Earlier, the defense attorney for ex-DOJ official Jeffrey Clark told the judge that the DA's office has put an "irreparable stain" on the case and are now a "global laughingstock."
"Think of the message that would be sent if they were not disqualified," attorney Harry MacDougald told the judge. "If this is tolerated, we'll get more of it. This office is a global laughingstock because of their conduct. They should be disqualified and the case should be dismissed."
MacDougald argued that Willis has six different conflicts of interest in the case, "any one of which warrants disqualification." He alleged the conflicts include a financial conflict, the speech at the church, and her "pattern of deceit and concealment," among others.
"The problem here is that the DA cannot distinguish between her personal interests and ambitions on the one hand, and her public duties as a prosecutor on the other," MacDougald said. "And apparently neither can anyone else in their office."
Richard Rice, the attorney for Trump co-defendant Robert Cheeley, also argued that the volume of alleged texts and calls between Willis and Wade proves their romantic relationship began prior to Wade receiving his job with the DA office.