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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Willis says she didn't consider relationship romantic before hiring

Pressed further by Trump attorney Steve Sadow, DA Fani Willis testified regarding prosecutor Nathan Wade that she did "not consider our relationship to have become romantic until 2022."

"I don't consider my relationship to be romantic with him before that," she said of Wade's hiring.

Sadow suggested that Wade and Willis have not been truthful about the timing.

When he asked Willis who she told about the relationship, Sadow suggested her "failure" to notify other members of team suggests that the relationship "was not as its been characterized to the court" and "that it started earlier than what they say."

Willis said her and Wade were friends since at least 2020.

"I want to be clear, because my credibility is being evaluated," she said.


Willis testifies early relationship with Wade wasn't romantic

DA Fani Willis was pressed repeatedly by Trump attorney Steve Sadow about whether Willis had a romantic relationship with Wade prior to November 2021.

“I'm asking you whether or not prior to Nov. 1 of 2021, there was a romantic relationship with Mr. Wade?” Sadow asked.

“I didn't consider my relationship with him to be romantic before that," Willis said.

Sadow asked Willis whether Wade visited the condo leased by her friend Robin Yeartie. Willis previously said she took over Yeartie’s lease at one point and paid her rent.

“Would you give us an approximation of how many times Mr. Wade visited you at the condo between the time you moved in and prior to November 2020?” Sadow asked.

“I don't think often, but I don't -- I don't want to speculate,” Willis replied.


Trump attorney questions Willis in tense exchange

Former President Trump's attorney Steven Sadow is now questioning Fani Willis on the stand.

As Sadow stepped up to question her, he started with a veiled dig at the DA.

"I'm going to try to ask you questions that you can actually answer without having to explain, OK?" Sadow said.

"Yes, sir. My comprehension skills are pretty good. So we should do all right," Willis replied.

"We shall soon see," Sadow said.

Sadow began questioning Willis about her condo, which Wade testified earlier that he visited before being hired.

At one point when Sadow raised his voice, Willis said, "You don't have to yell at me."


Judge urges decorum after heated moment

Following a brief recess, the hearing resumed with Judge Scott McAfee urging decorum following the shouting match.

"I advise everyone -- this being a room mostly full of lawyers -- I urge everyone to keep those principles in line and not talk over each other," the judge told the court.

But as Willis' heated testimony continued, the judge threatened to strike Willis's testimony.

"I'm going to have to caution you -- you have to listen to the questions asked, and if this happens again and again, I'm going to have no choice but to strike your testimony," the judge told the DA.


'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.