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."
Top headlines:
- Defense says Willis committed 'unforgivable' misconduct
- Hearing concludes, judge says ruling expected within 2 weeks
- Judge presses DA's office: 'Money has changed hands'
- Bradley says he does 'not have the date' when relationship started
- Trump attorney accuses Nathan Wade of perjury
- Willis says she didn't consider relationship romantic before hiring
Trump attorney argues Willis' testimony 'not truthful'
Donald Trump's attorney in his closing arguments told the judge that DA Fani Willis and prosecutor Nathan Wade were "not truthful" when they testified under oath about the timing of their relationship, urging the judge to use that to disqualify her from the case.
"I suggest to you that the testimony that Mr. Wade gave and Mrs. Willis gave ... that that brought forth a true concern about their truthfulness," said Trump's attorney, Steve Sadow.
Sadow told the judge he doesn't need to find that Willis and Wade lied on the stand in order to disqualify them, but that he only needs to find that a "legitimate concern," telling the judge, "That's enough."
The judge pressed Trump's attorney on what the "limiting" area of that conclusion would be, noting the DA signs every single indictment her office brings.
"Does that mean she would be off every case?" the judge asked regarding Sadow's allegations about her truthfulness. "How does that not spill over into every case the district attorney brings?"
Sadow pointed to the testimony of witnesses Robin Yeartie, and even the testimony of Terrance Bradley, saying Bradley did "everything he could possibly do to evade answering questions" because he knew if he did, the judge would be able to find "that both Willis and Wade lied" about when the relationship started.
McAfee asked Sadow what to make of Bradley's testimony, noting if he takes the view that Bradley's testimony was untruthful, "what's left standing?"
"In these text messages, is it ever definitely shown how he knew this, and whether he did know it?" the judge asked, referring to Bradleys' text messages, read in court, in which he previously told defense attorney Ashleigh Merchant that Willis and Wade's relationship began long before Wade was hired -- before Bradley testified earlier this week that any past statements he made to that effect were "speculation on my part."
Trump attorney says Willis' speech prejudiced defendants
Former President Trump's attorney Steve Sadow, in the first portion of his closing argument, focusing on the speech DA Fani Willis gave at Big Bethel AME Church in January, which he claimed was "a calculated determination by Ms. Willis to prejudice" a prospective jury against the defendants.
"I appointed three special counselors," Willis said in her speech, noting that Wade was the only Black one. "Isn't it them playing the race card when they only question one?"
"Willis took it upon herself to go to to a historic black church in Atlanta, having not responded at all, to the motion of Miss Merchant's client Roman ... it was a calculated determination by Miss Willis to prejudice the defendants and their counsel," Sadow argued to the court.
Sadow argued that the speech represented an "ethical violation," saying that Willis' comments invoking "race and religion" significantly heightened public condemnation of the defendant.
"Can you think of anything more that would heighten public condemnation of the defendant than alleging that defense counsel and the defendants were making their motion based on race and religion? That's just as bad as it gets in Fulton County," Sadow said.
"She could have said the facts of the matter. Instead, she misstated what the situation was took advantage of the opportunity," he argued.
'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.
Attorney for co-defendant Michael Roman presents arguments
John Merchant, co-counsel for Trump co-defendant Michael Roman and the husband of co-counsel Ashleigh Merchant, who initially brought the motion to disqualify DA Fani Willis, is presenting arguments for the defense.
Judge McAfee noted at the top of the hearing and before arguments began that the defense would have an hour and a half for arguments today.
The judge said that time will be divided up between each defendant.
Trump attorney presses Bradley on dates of relationship
Prosecutor Nathan Wade's former attorney Terrence Bradley described his past statements as "speculation" when Donald Trump's attorney Steve Sadow confronted him with past text messages Bradley exchanged with another defense attorney that appeared inconsistent with his current testimony.
"That's speculation on my part," Bradley said. "I stated that I was speculating."
Sadow showed him past text messages where Bradley said Wade and DA Fani Willis "absolutely" began their relationship before Wade was hired by Willis.
"It started when she left the DAs office and was [a] judge in South Fulton. They met at the Municipal Court CLE conference," Bradley said in a text message that was entered into evidence.
Claiming he was speculating in that text, Bradley reiterated that he does not have direct information about when the relationship began. He said that between 2018 and 2022, he only spoke with Wade about the relationship once.
"I do not know when the relationship started between Mr. Wade and Ms. Willis. I cannot recall that," Bradley said.
"Is it your testimony that you don't know, under oath, whether or not there was a relationship between Mr. Wade and Ms. Willis, before the contract?" Sadow asked, referring to Wade's November 2021 contract with the DA.
"I do not recall any dates of when the relationship started," Bradley responded.
Sadow, however, appeared incredulous of Bradley and hammered at his claim.
"That's the true explanation because you don't want to admit it in court, correct?" Sadow said.
Bradley did not change his account of the relationship, despite Sadow's repeated questions.
Sadow ultimately concluded his questions by reminding Bradley about the stakes of his testimony.
"You realize that if you were to testify under oath that you knew from Mr. Wade that the relationship between him and Miss Willis existed before the contract on November 1 of 2021 ... that would show that both Ms. Willis and Mr. Wade had lied under oath. You know that don't you?" Sadow said, prompting a sustained objection.