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
Willis' use of cash a 'Black thing,' father testifies
DA Fani Willis on Thursday repeatedly testified that when prosecutor Nathan Wade booked their travel or paid for meals, she would repay him with large amounts of cash -- an arrangement that appeared to draw skepticism from defense counsel.
On the stand today, Willis’ father, John Floyd, explained his daughter’s use of cash as “a Black thing.”
“I was trained -- and most black folks -- they hide cash, or they keep cash,” Floyd said. “I’ve told my daughter: 'You keep six months’ worth of cash -- always.”
“And as a matter of fact, I gave my daughter her first cash box and told her always keep some cash,” he testified.
Willis' father testifies he didn't meet Wade until 2023
DA Fani Willis' father, John Floyd, testified that he did not meet prosecutor Nathan Wade until 2023.
"Did you ever meet Mr. Wade in the year 2019?" Michael Roman's attorney Ashleigh Merchant asked Floyd.
"Absolutely not," Floyd replied.
"You ever seen Mr. Wade at Miss Willis [at the] Fulton County house in the year 2021?" Merchant asked.
"Never," Floyd said.
Willis' father describes 'nightmare threats against her and me'
Fani Willis' father, John Floyd, described in detail the extent of the threats and abuse his daughter faced as her investigation into the former president ramped up, which eventually prompted her to leave her home.
"There have been so many death threats," he said. "And they said they were going to blow up the house, they were going to kill her, they were going to kill me, they were going to kill my grandchildren -- I mean, on and on and on."
Floyd said he lived with his daughter around the time, and that at one point the police sent an officer with a dog to sniff for bombs multiple times each day.
"Did you fear for her safety?" a state attorney asked.
"Absolutely," Floyd replied.
Floyd said that after Willis left the home, he lived there himself until December of 2022 -- when he said the "nightmare threats made against her and me" made the home "uninhabitable."
"I would have to walk around that house looking out of every window" to ensure no intruders were approaching the home, Floyd said.
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.
State attorney says arguments don't prove 'actual conflict'
Adam Abbate, an attorney with the district attorney's office, argued that defendants had failed to meet the "high standard of proof" for disqualification -- calling the narrative they spun about Willis and Wade's relationship "absolutely absurd."
"It doesn't make any sense," Abbate said. "The motions to disqualify should be denied, and Miss Willis as district attorney of Fulton County, and Mr. Wade, as the special prosecutor assigned to this case, should be allowed to remain on this case and continue to prosecute the case."
Contrary to what defense attorneys argued, Abbate argued that they must prove an "actual conflict" of interest to secure a disqualification -- not just the "appearance of impropriety."
"The defense has to show an actual conflict, and in this instance, they have to show in the actual conflict would be that Miss Willis received a financial benefit or gain -- and got it based upon the outcome of the case," Abbate said.
"We have absolutely no evidence that Miss Willis received any financial gain or benefit," he argued. "The testimony was that Miss Willis paid all of the money back in cash as related to the trips."
Judge McAfee seemed skeptical of that argument, citing language that allows for removal based on the "appearance of impropriety" and referencing examples of past misconduct raised by the defendants.
Abbate pushed back, arguing that in each of those cases, the "appearance of impropriety ... arose from the fact that the court found an actual conflict in each of those cases."
Abbate also called into question the credibility of defendants' key witnesses in the disqualification hearings, calling the testimony of Robin Yeartie, ex-friend of Willis, "at best inconsistent."