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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Associate of Wade's takes the stand

Michael Roman's attorney Ashleigh Merchant called her first witness in the effort to disqualify DA Fani Willis -- a former DA office employee named Robin Yeartie, who Merchant says has firsthand knowledge that Wade and Willis’ relationship began before he was hired, in contradiction to Wade’s sworn affidavit -- but Yeartie is not in court yet.

As a result, a new first witness has taken the stand: Terrence Bradley, a former business associate of prosecutor Nathan Wade who represented him in his divorce case.

"It wasn't my choice," Bradley said of having to testify today.

The state has objected to Bradley's testimony, saying it is protected by attorney-client privilege. But Roman's team says the information is not related to his representation of Wade in the divorce matter.


Hearing is underway

The evidentiary hearing is underway in front of a packed courtroom.

DA Fani Willis has not yet entered the courtroom, but special prosecutor Nathan Wade is present, along with multiple attorneys for defendants in the DA's election interference case, including Trump attorney Steve Sadow and Mike Roman's attorney Ashleigh Merchant.

Two of Trump's co-defendants in the case, Harrison Floyd and David Shaffer, are also in attendance.


Trump attending NYC hearing

Former President Trump's attorney has arrived for the Fulton County proceedings, but his client won't be attending the hearing.

Instead, Trump is attending a hearing in his criminal hush money case in New York.

The former president is not required to be at either of the two hearings taking place today.


Attorneys have clashed in court filings

The district attorney's office and attorneys for the defendants have traded accusations in a series of court filings leading up to Thursday's hearing.

Trump co-defendant Michael Roman has accused Fani Willis and Nathan Wade of violating "laws regulating the use of public monies" and alleges that they "suffer from irreparable conflicts of interest." Specifically, he alleges Wade paid for multiple trips for him and Willis, including to Napa Valley and Belize. Credit card statements later revealed Wade paid for at least two flights for Willis on his credit card.

Wade, in an affidavit submitted to the court, said expenses between him and Willis were "roughly divided equally" and that he used his personal funds. The affidavit also said the relationship started after he was hired on the case in 2021, and that he and Willis have never cohabitated.

However, Roman's attorney, Ashleigh Merchant, has alleged some of the statements in Wade's affidavit were inaccurate. Merchant says she a witness ready to testify that the relationship predated Wade's hiring, which would dispute Wade's affidavit.


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."