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.


Attorneys have clashed in court filings

The district attorney's office and attorneys for the defendants have traded accusations in a series of court filings leading up to Thursday's hearing.

Trump co-defendant Michael Roman has accused Fani Willis and Nathan Wade of violating "laws regulating the use of public monies" and alleges that they "suffer from irreparable conflicts of interest." Specifically, he alleges Wade paid for multiple trips for him and Willis, including to Napa Valley and Belize. Credit card statements later revealed Wade paid for at least two flights for Willis on his credit card.

Wade, in an affidavit submitted to the court, said expenses between him and Willis were "roughly divided equally" and that he used his personal funds. The affidavit also said the relationship started after he was hired on the case in 2021, and that he and Willis have never cohabitated.

However, Roman's attorney, Ashleigh Merchant, has alleged some of the statements in Wade's affidavit were inaccurate. Merchant says she a witness ready to testify that the relationship predated Wade's hiring, which would dispute Wade's affidavit.