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 testifies that she paid for trips in cash

DA Fani Willis pointedly testified that she paid prosecutor Nathan Wade for the cruise they took and Aruba trip they went on -- in cash -- before they even went.

"Did you pay him back? For the cruise and for Aruba?“ asked defense attorney Ashleigh Merchant.

“Yeah, I gave him his money before we ever went on that trip," Willis replied.

"And so when you got cash to pay him back on these trips, did you go to the ATM?" asked Merchant.

"No," said Willis.

"So the cash that you would pay him, you wouldn't get it out of the bank?" Merchant asked.

"I have money in my house," Willis replied. “For many, many years I have kept money in my house."

"I just have cash in my house," Willis continued. "I don't have as much today as I would normally have, but I'm building back up now."

Willis testified that her father says, "As a woman you should always ... you should have at least six months in cash at your house at all time."

"I don't know why this old black man feels like that. But he does," she said.


Willis says she and witness haven't had 'consistent friendship'

DA Fani Willis, in heated testimony, said that Robin Yeartie, who testified earlier, betrayed her friendship and that both of them have not retained a "consistent friendship."

"There's a saying, 'No good deed goes unpunished,'" Willis said. "And I think that she betrayed our friendship."

"I ran into her about 10 years ago in Atlanta, Georgia," Willis said of Yeartie. "So we didn't talk throughout that time period. I didn't see her. I didn't even know where she was."

"And so yes, I have known her probably since 1990, 1991, but we have not maintained a consistent relationship that whole time," Willis added.

Earlier, Yeartie testified that Willis told her about the romantic relationship with Wade.

Yeartie said she saw them "hugging, kissing, just affection."

Willis said at one point said she took over Yeartie's lease and would pay her rent in cash or by Cash App.


Willis testifies she and Wade began dating in 2022

DA Fani Willis, on the stand, testified that she and prosecutor Nathan Wade began dating in 2022 -- rebutting an earlier witness who testified the relationship began before Wade was hired.

Speaking about a trip that she and Wade took in April 2022, Willis testified they began dating "right around then."

"When did you start dating?" defense attorney Ashleigh Merchant asked.

"It was right 'round then," Willis responded.

"April 2022?" Merchant asked.

"Around then," Willis said.


Willis, on the stand, fights back against allegations as 'lies'

DA Fani Willis began her testimony by slamming the allegations against her, as well as co-defendant Mike Roman's attorney, and the news media for its coverage.

"I've been very anxious to have this conversation with you today," Willis said almost immediately. She also said, "I've been in the office pacing."

Willis plainly accused Roman's attorney, Ashleigh Merchant, of lying, and assailed the media.

"It seems today, a lawyer writes a lie and then it's printed to all the world to see," Willis said.

Willis' remarks drew objection from Trump's attorney Steve Sadow.

"I object to the speech making," Sadow said, but Willis kept going.

"It's highly offensive when someone lies on you," Willis said.


'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.