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."


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Wade testifies he's 'not recalling' traveling with Willis in 2021

Special prosecutor Nathan Wade, asked if he traveled with DA Fani Willis around the time prior to the Trump election interference case being launched, stated that he's "not recalling" that after being pushed to answer "yes" or "no."

When asked by the defense if he traveled with Willis in 2023 or 2022, Wade said he did -- but he gave a different answer when asked about 2021.

"Did you travel with her in 2021?" defense attorney Ashleigh Merchant asked.

"I'm not recalling any travel in 2021," Wade replied.

"It's not yes or no, you just don't remember?" Merchant pressed.

An attorney for the DA said during Merchant's questioning, "We're going pretty far field into divorce matters." But the judge let questioning continue.


Nathan Wade takes the stand

Special prosecutor Nathan Wade is now on the stand.

Fulton County prosecutors made a motion to quash the subpoena for Wade to testify, but Judge Scott McAfee rejected the motion, saying the "evidence in front of the court at the moment" is that a witness testified that the relationship predated his hiring, which contradicts their court filing.

"I don't see a way around the relevance of his testimony," said the judge.


Witness testifies Willis told her of relationship with Wade

Trump's attorney Steve Sadow drilled down into the testimony from Former DA office employee Robin Yeartie that Willis told her repeatedly that she and Wade were in a relationship before he was hired in 2021.

"Told you that in the year of 2020?" Sadow asked.

"Yes," Yeartie said.

"In the year of 2021?" Sadow asked.

"Yes," Yeartie said.

"Are you certain that Mrs. Willis told you about the romantic relationship with Mr. Wade prior to November 1 of 2021?, Sadow asked.

"Yes," Yeartie said.

Yeartie also testified she saw them "hugging, kissing, just affection."

All before he was hired?

"Yes," Yeartie said.


Former employee testifies that Willis, Wade were dating earlier

Former DA office employee Robin Yeartie testified that Fani Willis and Nathan Wade began dating prior to the Trump election interference case -- contradicting the claim in the state's court filing that the relationship started after Wade was hired.

"You know their personal relationship began shortly after" they met at a conference in October 2019, attorney Merchant asked the witness.

The witness, who said she was a old friend of Willis, replied, "Yes."

Yeartie is testifying via Zoom after she didn't appear in the courtroom.

The state is objecting to questions from the defense seemingly at every chance they can, which is significantly slowing down the proceedings. The judge has remained patient, but Michael Roman's attorney Ashleigh Merchant appears to be growing frustrated with the state's strategy.


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."