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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Willis' use of cash a 'Black thing,' father testifies

DA Fani Willis on Thursday repeatedly testified that when prosecutor Nathan Wade booked their travel or paid for meals, she would repay him with large amounts of cash -- an arrangement that appeared to draw skepticism from defense counsel.

On the stand today, Willis’ father, John Floyd, explained his daughter’s use of cash as “a Black thing.”

“I was trained -- and most black folks -- they hide cash, or they keep cash,” Floyd said. “I’ve told my daughter: 'You keep six months’ worth of cash -- always.”

“And as a matter of fact, I gave my daughter her first cash box and told her always keep some cash,” he testified.


Willis' father testifies he didn't meet Wade until 2023

DA Fani Willis' father, John Floyd, testified that he did not meet prosecutor Nathan Wade until 2023.

"Did you ever meet Mr. Wade in the year 2019?" Michael Roman's attorney Ashleigh Merchant asked Floyd.

"Absolutely not," Floyd replied.

"You ever seen Mr. Wade at Miss Willis [at the] Fulton County house in the year 2021?" Merchant asked.

"Never," Floyd said.


Willis' father describes 'nightmare threats against her and me'

Fani Willis' father, John Floyd, described in detail the extent of the threats and abuse his daughter faced as her investigation into the former president ramped up, which eventually prompted her to leave her home.

"There have been so many death threats," he said. "And they said they were going to blow up the house, they were going to kill her, they were going to kill me, they were going to kill my grandchildren -- I mean, on and on and on."

Floyd said he lived with his daughter around the time, and that at one point the police sent an officer with a dog to sniff for bombs multiple times each day.

"Did you fear for her safety?" a state attorney asked.

"Absolutely," Floyd replied.

Floyd said that after Willis left the home, he lived there himself until December of 2022 -- when he said the "nightmare threats made against her and me" made the home "uninhabitable."

"I would have to walk around that house looking out of every window" to ensure no intruders were approaching the home, Floyd said.


Ex-governor turned down role before it was offered to Wade

Former Georgia Gov. Roy Barnes testified that early in DA Fani Willis' election interference probe, he was asked by Willis about taking the special prosecutor role in the investigation, but that he turned it down.

The former governor initially said he didn't remember the day when that meeting occurred.

But after stepping off the stand, about 10 minutes later Barnes walked back into the courtroom with his phone in his hand and calendar app pulled up, to tell the court the date he had found.

He said that the meeting where he turned down the special prosecutor position was on Oct 26, 2021 -- which would have been a few days before Nathan Wade was contracted for the position on Nov. 1, 2021.


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.