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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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.


Willis does not take stand on Day 2 of hearing

After a dramatic and heated Day 1, DA Fani Willis is not taking the stand for Day 2 of the hearing.

The state told the court they have no further questions for the district attorney.

Multiple attorneys for defendants in the case, including Trump's attorney Steve Sadow and Michael Roman's attorney Ashleigh Merchant, are in the courtroom, but Willis is not present.

Judge Scott McAfee said his goal is to finish up the evidentiary hearing today.


Court adjourns, Willis will be back on stand Friday

DA Fani Willis stepped off the stand for the day following more than two hours of highly charged testimony.

The DA is scheduled to be back on the stand tomorrow morning for the hearing's second day.

Judge McAfee reviewed other motions for Day 2, then adjourned the hearing until Friday.

Willis did not respond to questions from ABC News after leaving the courtroom.


Willis questioned by lawyers for other co-defendants

After Trump attorney Steve Sadow wrapped up his questioning of DA Fani Willis, the attorneys for other co-defendants got their chance -- but the judge appeared to grow frustrated as defense attorneys attempted to find new lines of questioning.

Allyn Stockton, representing co-defendant Rudy Giuliani, asked Willis about contracts given to Wade's law partners.

"Did Wade's law partners, Bradley and Campbell, also get contracts with the DA's office?" Stockton asked.

"Yes but only for a short time after I first became DA. Then I let them go when my office was properly staffed," she replied.

Harry MacDougald, representing co-defendant Jeffrey Clark, briefly questioned Willis about her financial disclosure form before the judge told him to sit down.

"I don't believe she answered that question, Your Honor," MacDougald said.

"She answered as to specific individual gifts," Judge McAfee, appearing more frustrated, responded. "And you're not listening to my answer either. So we're done."


'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.