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
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.
Judge expresses frustration at questioning of witness
Testimony from one of the defense's key witnesses appears to be falling short as the judge seems to grow frustrated with repeated lines of questioning.
"I haven't really heard a point in a while," the judge told defense attorney Ashleigh Merchant amid a prolonged questioning of Nathan Wade's former law partner, Terrence Bradley, about his contract with the DA’s office. "Can we get along to something or we're gonna have to wrap it up."
The defense took a hit when the judge ruled earlier against their crime-fraud exception argument that would have compelled Bradley to testify about text messages with Merchant about Wade's relationship with DA Fani Willis – which Trump's attorney claimed could show Wade perjured himself on the stand about when that relationship started.
But with the judge blocking that testimony for now, instead, the defense has been focused on long-winding questions about Bradley's legal contracts and about whether or not he had dinner with Wade or Willis – seemingly not what the defense had hoped would take up the witnesses' testimony.
At one point, another defense attorney argued to the court that adultery would fall under the crime-fraud exception – but the judge, seemingly growing annoyed, quickly shot it down.
Bradley was first called earlier this morning after the state declined to question Willis but was at a doctor's appointment. A person with Bradley told ABC News he attended the doctor's appointment because he figured Willis's testimony would take up the morning.
The state has forcefully worked all day to invoke privilege to block aspects of Bradley's testimony.
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.