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
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 slams Wade associate for not appearing
A visibly irritated Judge McAfee threatened to hold a potential witness in violation of a subpoena for his failure to appear at the hearing today.
Terrence Bradley, a former associate of and lawyer for Nathan Wade, took the stand on Thursday and largely declined to answer questions, citing attorney-client privilege. The state intended to call Bradley back to the stand on Friday, but his attorney said he was at a doctor’s appointment.
Bradley’s failure to appear caused a roughly 90-minute delay before proceedings resumed.
“The notice in this hearing indicated it would last at least two days,” McAfee said. “So right now, I think he's in violation of a subpoena.”
An attorney for Bradley said he would encourage his client to return to court as quickly as possible to resume testimony this afternoon.
DA Fani Willis' father is now on the stand.
State calls former Georgia governor as witness
Court is now back in session following a break.
The state has called former Georgia Gov. Roy Barnes to the stand.
Barnes is the first witness in the state's case, followed by Willis' father, John Floyd III.
State was 'satisfied' with Willis' testimony, source says
A source familiar with the state's decision-making process tells ABC News the state did not recall DA Fani Willis to the stand because they were ultimately "satisfied" with her testimony Thursday.
The source said they felt Willis "addressed everything," and that they could stand on that testimony moving forward.
"Why reopen it?" the source said.
As a result of the state deciding not to cross-examine Willis, the defense now won't have a chance to question her again.
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.