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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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.


Wade's former attorney to retake the stand this afternoon

Prosecutor Nathan Wade's former law partner and divorce attorney, Terrence Bradley, will take retake the stand at a hearing this afternoon, after Judge McAfee ruled that Bradley must return to the witness stand to testify on topics not covered by attorney-client privilege.

During the hearing two weeks ago, Bradley cited attorney-client privilege in declining to answer many of the defense's questions about Wade and Willis' relationship. Attorneys for the defense have claimed Bradley has evidence that Wade and Willis' romantic relationship began before Willis hired Wade in November 2021, which would contradict Willis and Wade's sworn testimony that their relationship began in 2022 and ended in the summer of 2023.

Judge McAfee said during the earlier hearing that he was "left wondering" about whether Bradley had "been properly interpreting privilege."


Court adjourns, judge signals it will resume next week or week after

Court adjourned for the day as the judge signaled court will resume late next week or the following week.

Judge McAfee adjourned the court after denying the state's request to call a client of Nathan Wade and Terrence Bradley’s law firm who would testify that Bradley allegedly sexually assaulted her.


Judge suspends Terrence Bradley's testimony

Terrence Bradley’s testimony has abruptly ended for the day on the request of Judge McAfee, who indicated he now doubts whether Bradley “has been properly interpreting privilege this entire time.”

The stunning development came after Bradley, when questioned by the state, testified about an allegation of sexual assault against him by an employee at the firm he shared with prosecutor Nathan Wade.

That testimony prompted defense lawyers to argue that if the sexual assault allegation is not covered by attorney-client privilege, neither should Bradley’s conversations with Wade about Wade’s relationship with DA Fani Willis.

“He lied,” said prosecutor Anna Cross.

The judge reiterated the need to speak to Bradley in private and suggested he could reopen evidence if he uncovers anything relevant.

He asked Bradley’s lawyer if his client is still in the courthouse and if so to go to the jury room for the private meeting.


Co-defendant says 2nd witness can dispute timeline testimony

As Judge Scott McAfee continues to weigh the potential disqualification of DA Fani Willis, one of Trump's co-defendants is now offering a second witness who they say would dispute the testimony of prosecutor Nathan Wade's former attorney, Terrance Bradley, regarding his lack of knowledge of the timing of Wade and Willis' relationship.

Attorneys for defendant Cathy Latham say they spoke to attorney Manny Aurora, who represented former co-defendant Kenneth Chesebro, who later took a plea deal in the election case. Aurora, according to a motion filed Monday, told them he had "several" conversations with Bradley in which Bradley said he had "personal knowledge" regarding the timeline of Willis' relationship with Wade, which Willis and Wade testified did not begin until after Willis hired Wade to work on the election case in November 2021.

According to the motion, Bradley allegedly told Aurora during their discussions that Wade and Willis had "definitely" begun a romantic relational in 2019.

"Mr. Bradley stated he had personal knowledge of the relationship between Mr. Wade and district Attorney Willis, including details regarding the use of Ms. Robin Yeartie's apartment such as Mr. Wade's having a garage opener to the property," the filing claims.