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 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.
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.
Judge presses DA's office: 'Money has changed hands'
State attorney Adam Abbate said that allegations that DA Fani Willis financially benefited from her relationship with prosecutor Nathan Wade were "all speculation and conjecture" lodged in order to "harrass and honestly embarrass" her.
Abbate said Willis was subjected to irrelevant questioning on the witness stand that was intended "to again embarrass and harass the district attorney in a way that was very public, in a way that was to impugn her character as it relates to that line of questioning in front of the court, in front of anyone watching the proceedings."
But Judge Scott McAfee pressed the DA's office after they suggested Willis' alleged conflict was theoretical or speculative.
"Aren't we past the speculation and conjecture aspect of this, though?" McAfee asked, saying that "the core of the financial allegation was that there is a relationship, and that money has changed hands."
"I think it was conceded that that balance could run in the district attorney's favor -- is that contested?" the judge asked.
The DA's office responded that they did contest that, saying the costs paid by each party were "equal."
But the judge pushed back again, saying the bottom line remained: "It's no longer just a theory that money changed hands."
"It's no longer speculation or conjecture," the judge said.
Willis, seated at the prosecution table, appeared alert and highly engaged during Abbate's arguments, visibly nodding or shaking her head at points.
She at one point scribbled down a note and passed it to Abbate, during his presentation of arguments on behalf of the DA's office.
At the end of his arguments, Abbate mounted an impassioned plea for the judge to dismiss the defendants' claim that Willis sought to live a lavish lifestyle on the taxpayer dime -- citing her relatively humble accommodations during a visit to Napa Valley: a DoubleTree Hotel.
"Most people, when they go to Napa -- if they want to lavishly experience Napa -- stay at the Ritz Carlton, the Four Seasons, things of that nature -- not a DoubleTree. So the allegations and assertions that Miss Willis was living the lifestyle of the rich and the famous is a joke," he said. "An absolute joke."
Abbate added there was "no validity" to arguments that the speech Willis made at the church would prejudice a jury.
"For all the reasons before Your Honor, this motion should be denied because the legal requirements by that are required in order for the district attorney to be disqualified have not been satisfied," Abbate concluded.