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
Wade associate invokes attorney-client privilege
Terrance Bradley, a former law partner of Nathan Wade, is declining to answer questions about Fani Willis and Wade's relationship, citing attorney-client privilege.
"I was advised by the bar … I cannot reveal anything that I saw or learned," Bradley said. "I am here because I also have a law license and I'm not trying to lose that."
The judge pushed back, saying, "That's a broader representation of attorney-client privilege than I've ever heard."
The debate has drawn the first comments from Donald Trump's attorney Steve Sadow, who said of Bradley's view of attorney-client privilege, "There is no such case law."
Sadow even suggested Bradley be held in contempt if he continues to refuse to answer questions.
Associate of Wade's takes the stand
Michael Roman's attorney Ashleigh Merchant called her first witness in the effort to disqualify DA Fani Willis -- a former DA office employee named Robin Yeartie, who Merchant says has firsthand knowledge that Wade and Willis’ relationship began before he was hired, in contradiction to Wade’s sworn affidavit -- but Yeartie is not in court yet.
As a result, a new first witness has taken the stand: Terrence Bradley, a former business associate of prosecutor Nathan Wade who represented him in his divorce case.
"It wasn't my choice," Bradley said of having to testify today.
The state has objected to Bradley's testimony, saying it is protected by attorney-client privilege. But Roman's team says the information is not related to his representation of Wade in the divorce matter.
Hearing is underway
The evidentiary hearing is underway in front of a packed courtroom.
DA Fani Willis has not yet entered the courtroom, but special prosecutor Nathan Wade is present, along with multiple attorneys for defendants in the DA's election interference case, including Trump attorney Steve Sadow and Mike Roman's attorney Ashleigh Merchant.
Two of Trump's co-defendants in the case, Harrison Floyd and David Shaffer, are also in attendance.
Trump attending NYC hearing
Former President Trump's attorney has arrived for the Fulton County proceedings, but his client won't be attending the hearing.
Instead, Trump is attending a hearing in his criminal hush money case in New York.
The former president is not required to be at either of the two hearings taking place today.
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.