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 walks in unannounced, then takes stand

As attorneys were arguing over DA Fani Willis' testimony, Willis surprised the court by walking into the courtroom unannounced, and prosecutors withdrew their motion to quash the subpoena for her testimony.

The DA then took the stand.


Wade testified his income decreased with case

Under questioning from an attorney with the DA's office, prosecutor Nathan Wade testified that his income decreased after signing on to work with Fulton County, and that he had to work "so many hours" that he couldn't get paid for.

"In 2022, your estimated monthly income at that time was $14,000 a month?" special prosecutor Anna Cross asked.

"Yes," Wade replied.

"In 2023, what did that number come to?" asked Cross.

"$9,500," Wade said.

When asked about the hours Wade worked that he didn't get paid for due to a cap, because of a cap, Wade said there were "so many hours" that he worked that he couldn't get paid for.

"This invoice makes me cry," Wade said. "There's so many hours here that I worked that I couldn't I couldn't get paid for."

"This is not the type of job that you can walk away from just because you're not getting paid for it," Wade said.


Wade asked about visiting Willis' condo

Trump's attorney Steve Sadow asked Wade about visiting Willis' Atlanta-area condo before November 2021, which would have been prior to his getting a contract with the DA office.

"Did you and Ms. Willis go to the Hapeville condo prior to Nov. 1, 2021?" Sadow asked.

"Yes," said Wade, who said he "maybe went to talk about a document that I received."

Sadow then asked Wade if phone records showed Wade made calls from Willis' condo prior to November 2021 ,would they be wrong.

"Yes sir," Wade replied.

Asked what other reasons phone records would show him making calls from that area if they were not made from Willis' apartment, Wade pointed to the airport near Hapeville.


Wade testifies divorce timing was a coincidence

Donald Trump's attorney Steve Sadow asked Nathan Wade why he filed his divorce after being hired by Fulton County.

"Can you answer the question why you waited until Nov. 2, the day after you were hired by Miss Willis. to file for divorce?" asked Sadow.

"I can't," Wade replied.

Wade explained that because his ex-wife had relocated to Texas, he was only able to serve her the divorce papers when she returned to Georgia.

"It was purely by coincidence that I filed the day after the contract with the DA's office," Wade said.


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.