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 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."
Willis says she didn't consider relationship romantic before hiring
Pressed further by Trump attorney Steve Sadow, DA Fani Willis testified regarding prosecutor Nathan Wade that she did "not consider our relationship to have become romantic until 2022."
"I don't consider my relationship to be romantic with him before that," she said of Wade's hiring.
Sadow suggested that Wade and Willis have not been truthful about the timing.
When he asked Willis who she told about the relationship, Sadow suggested her "failure" to notify other members of team suggests that the relationship "was not as its been characterized to the court" and "that it started earlier than what they say."
Willis said her and Wade were friends since at least 2020.
"I want to be clear, because my credibility is being evaluated," she said.
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."