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
Former associate of Wade expected to testify next
Less than 10 minutes after the hearing started, the court is in recess until Judge McAfee hears from both parties.
Terrance Bradley, a former business associate of Nathan Wade, is expected to testify but he is not in court yet.
Bradley briefly testified Thursday but the issue of attorney-client privilege came up and he was dismissed.
Attorneys are currently going over the questions for Bradley that won't violate privilege.
Willis does not take stand on Day 2 of hearing
After a dramatic and heated Day 1, DA Fani Willis is not taking the stand for Day 2 of the hearing.
The state told the court they have no further questions for the district attorney.
Multiple attorneys for defendants in the case, including Trump's attorney Steve Sadow and Michael Roman's attorney Ashleigh Merchant, are in the courtroom, but Willis is not present.
Judge Scott McAfee said his goal is to finish up the evidentiary hearing today.
Court adjourns, Willis will be back on stand Friday
DA Fani Willis stepped off the stand for the day following more than two hours of highly charged testimony.
The DA is scheduled to be back on the stand tomorrow morning for the hearing's second day.
Judge McAfee reviewed other motions for Day 2, then adjourned the hearing until Friday.
Willis did not respond to questions from ABC News after leaving the courtroom.
Willis questioned by lawyers for other co-defendants
After Trump attorney Steve Sadow wrapped up his questioning of DA Fani Willis, the attorneys for other co-defendants got their chance -- but the judge appeared to grow frustrated as defense attorneys attempted to find new lines of questioning.
Allyn Stockton, representing co-defendant Rudy Giuliani, asked Willis about contracts given to Wade's law partners.
"Did Wade's law partners, Bradley and Campbell, also get contracts with the DA's office?" Stockton asked.
"Yes but only for a short time after I first became DA. Then I let them go when my office was properly staffed," she replied.
Harry MacDougald, representing co-defendant Jeffrey Clark, briefly questioned Willis about her financial disclosure form before the judge told him to sit down.
"I don't believe she answered that question, Your Honor," MacDougald said.
"She answered as to specific individual gifts," Judge McAfee, appearing more frustrated, responded. "And you're not listening to my answer either. So we're done."
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.