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 pressed on why Willis reimbursed trip costs in cash
In a stern line of questioning, Trump's attorney Steve Sadow challenged prosecutor Nathan Wade on why DA Fani Willis would reimburse him in cash for travel and trips.
"You would have received thousands of dollars in cash from Miss Willis, correct?" Sadow asked.
"Yes, sir," replied Wade.
Trump's attorney then asked Wade if he "knew the source of the cash" – which Wade said he did not, claiming it was "out of her pocketbook."
Sadow followed up, wondering why Willis' form of repayment didn't stand out to Wade.
"The whole time that you she was paying you in cash, you never said, 'Hey, why do you have this amount of cash?'" Sadow asked.
Wade answered that in his law practice, "people come into my law firm all the time with cash" and that he "never questioned where they got it."
Sadow shot back, saying, "But we're talking not about people that come into your law firm -- we're talking about the district attorney of Fulton County, who I'm assuming receives a paycheck. She doesn't get paid in cash."
Wade also testified that he never saw any records of Willis making cash withdrawals.
Wade testifies relationship with Willis ended last year
Facing questions from former President Trump's attorney Steve Sadow for the first time, prosecutor Nathan Wade testified that his relationship with Willis ended in the summer of 2023.
"I would say June maybe," Nathan said of the timing.
Sadow and Wade then went through an awkward line of questioning regarding whether Wade had a "personal" relationship after the breakup.
"Are you asking me if I had intercourse with the district attorney?" Wade asked bluntly.
"I was trying not to," Sadow responded. Wade eventually answered no.
Sadow also peppered Wade with questions about who knew about the relationship.
"If it was a legitimate relationship, is there any reason this relationship was kept secret or private?" he asked.
"We weren't trying to keep anything secret, Mr. Sadow," Wade said later.
Defense questions Wade on his contract with Fulton County
Craig Gillen, the attorney for Trump co-defendant David Shafer, pressed Nathan Wade on his contract with Fulton County, how much he was paid, and the timeline of his personal relationship with DA Fani Willis.
"During the course of romantic relations, yes or no -- you signed [the] extension on November the 15th, 2022?" Gillen asked, referring to Wade's contract with Fulton County.
"The answer to that question is yes," Wade replied.
"Ater the Aruba trip, you get re-upped with a new contract?" Gillen asked.
"Correct," replied Wade.
Asked by Gillen about an invoice that billed Fulton County for "24 hours of work in one day," Wade said the date reflects when he completed the task of preparing the election case for pretrial.
"Tell the court what you billed for on November 5, 2021," Gillen said.
"On November the 5th, I completed the task of preparing the cases for pretrial," Wade said. "That's the date I completed..." Wade continued, before being interrupted by Gillen, who said, "Just read it."
Wade questioned if he had 'sexual relations' with Willis
Prosecutor Nathan Wade was questioned by defense counsel regarding his relationship with DA Fani Willis and specifically asked if he had "sexual relations" with her.
He was specially questioned by Craig Gillen, the attorney for Trump co-defendant David Shafer, about answers he gave on a interrogatory related to Wade's divorce, when Wade was asked if he had any sexual relations with a woman during his marriage and separation to his now-ex-wife.
"Let's just get down to it," Gillen asked Wade. "Did you or did you not, by May the 30th, 2023, have had sexual relations with Miss Willis, yes or no?"
"Yes," Wade replied.
Wade was then asked why he answered "none" on the interrogatory related to the divorce.
"I didn't answer 'no' to the question you just asked," Wade said. "I answered 'no' to the interrogatory question."
Wade was then pressed on the cash payments he earlier testified that Willis made to him to reimburse him for travel costs.
"You don't have a single solitary deposit slip to corroborate or support any of your allegations that you were paid by Ms. Willis in cash, sir? Not a single, solitary one?" Gillen asked.
"Not a single one," Wade replied.
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."