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 testifies early relationship with Wade wasn't romantic

DA Fani Willis was pressed repeatedly by Trump attorney Steve Sadow about whether Willis had a romantic relationship with Wade prior to November 2021.

“I'm asking you whether or not prior to Nov. 1 of 2021, there was a romantic relationship with Mr. Wade?” Sadow asked.

“I didn't consider my relationship with him to be romantic before that," Willis said.

Sadow asked Willis whether Wade visited the condo leased by her friend Robin Yeartie. Willis previously said she took over Yeartie’s lease at one point and paid her rent.

“Would you give us an approximation of how many times Mr. Wade visited you at the condo between the time you moved in and prior to November 2020?” Sadow asked.

“I don't think often, but I don't -- I don't want to speculate,” Willis replied.


Trump attorney questions Willis in tense exchange

Former President Trump's attorney Steven Sadow is now questioning Fani Willis on the stand.

As Sadow stepped up to question her, he started with a veiled dig at the DA.

"I'm going to try to ask you questions that you can actually answer without having to explain, OK?" Sadow said.

"Yes, sir. My comprehension skills are pretty good. So we should do all right," Willis replied.

"We shall soon see," Sadow said.

Sadow began questioning Willis about her condo, which Wade testified earlier that he visited before being hired.

At one point when Sadow raised his voice, Willis said, "You don't have to yell at me."


Judge urges decorum after heated moment

Following a brief recess, the hearing resumed with Judge Scott McAfee urging decorum following the shouting match.

"I advise everyone -- this being a room mostly full of lawyers -- I urge everyone to keep those principles in line and not talk over each other," the judge told the court.

But as Willis' heated testimony continued, the judge threatened to strike Willis's testimony.

"I'm going to have to caution you -- you have to listen to the questions asked, and if this happens again and again, I'm going to have no choice but to strike your testimony," the judge told the DA.


'You lied,' Willis tells defense attorney who filed allegations

DA Fani Willis heatedly told defense attorney Ashleigh Merchant "You lied" just before a shouting match broke out.

"You're confused. You think I'm on trial. These people are on trial for trying to steal an election in 2020. I'm not on trial, no matter how hard you try to put me on trial," Willis said forcefully from the stand.

Speaking earlier about prosecutor Nathan Wade, Willis said she and Wade had a "tough conversation" in August after their relationship ended, but that her respect for him has grown "over the seven weeks of these attacks."

That prompted an objection from Trump attorney Steve Sadow.

Willis than answered by saying "You lied" to Merchant, and a shouting match ensued between Sadow, Merchant, Willis and the judge.

The court then went into a brief recess.


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.