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 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.
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."