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."


0

Judge slams Wade associate for not appearing

A visibly irritated Judge McAfee threatened to hold a potential witness in violation of a subpoena for his failure to appear at the hearing today.

Terrence Bradley, a former associate of and lawyer for Nathan Wade, took the stand on Thursday and largely declined to answer questions, citing attorney-client privilege. The state intended to call Bradley back to the stand on Friday, but his attorney said he was at a doctor’s appointment.

Bradley’s failure to appear caused a roughly 90-minute delay before proceedings resumed.

“The notice in this hearing indicated it would last at least two days,” McAfee said. “So right now, I think he's in violation of a subpoena.”

An attorney for Bradley said he would encourage his client to return to court as quickly as possible to resume testimony this afternoon.

DA Fani Willis' father is now on the stand.


State calls former Georgia governor as witness

Court is now back in session following a break.

The state has called former Georgia Gov. Roy Barnes to the stand.

Barnes is the first witness in the state's case, followed by Willis' father, John Floyd III.


State was 'satisfied' with Willis' testimony, source says

A source familiar with the state's decision-making process tells ABC News the state did not recall DA Fani Willis to the stand because they were ultimately "satisfied" with her testimony Thursday.

The source said they felt Willis "addressed everything," and that they could stand on that testimony moving forward.

"Why reopen it?" the source said.

As a result of the state deciding not to cross-examine Willis, the defense now won't have a chance to question her again.


Former associate of Wade expected to testify next

Less than 10 minutes after the hearing started, the court is in recess until Judge McAfee hears from both parties.

Terrance Bradley, a former business associate of Nathan Wade, is expected to testify but he is not in court yet.

Bradley briefly testified Thursday but the issue of attorney-client privilege came up and he was dismissed.

Attorneys are currently going over the questions for Bradley that won't violate privilege.


'They knew it was wrong,' attorney says of Willis, Wade

Defense attorney John Merchant made a lengthy case for Fani Willis' disqualification under the law -- and also laid out how even the appearance of conflict could undermine the public's confidence in their prosecution and justify her removal.

"You know it when you see it," Merchant said. "They did this, they knew it was wrong, and they hid it."

Merchant laid out the case for dismissal in plain terms, as he and the other defendants see it: Willis and Wade conspired to bring this case to enrich themselves with public money, then "used that money to go on personal vacations and trips."

"We frankly couldn't care less if they had a relationship outside of work," Merchant said. But "if the court allows this kind of behavior ... the entire public confidence in the system will be shot and the integrity of the system will be undermined."

"[Willis] put her boyfriend in the spot, paid him, and then reaped the benefits," Merchant said.

Judge McAfee pressed Merchant about whether the amount of money Wade spend on vacations for himself and Willis -- which she said she paid him back in cash but has no record for -- was a relevant factor. Merchant calculated the amount to be more than $9,200, and the judge asked whether a subordinate buying their boss a stick of gum, for example, would merit disqualification.

"I don't know if $100 would be enough, $200 be enough -- I think you have to look at it globally" and in context, Merchant said.