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
Wade testifies he never discussed relationship publicly
Prosecutor Nathan Wade testified that he never talked about his romantic relationship with DA Fani Willis in social settings, after a witness earlier testified that she had observed the relationship.
"Did you discuss your personal relationship, your private personal romantic relationship, with Miss Willis in social settings?" defense attorney Ashleigh Merchant asked Wade.
"No, ma'am," Wade replied.
Merchant then asked if Wade ever discussed his relationship with Willis while around Robin Yeartie, the friend of Willis who testified earlier that Wade and Willis' relationship began prior to the start of the Trump election interference case.
Wade testified that he did not.
Wade said he and Willis are "private people" and said their relationship "wasn't a secret. It was just private. So not at all ... I wouldn't have discussed my relationship with Miss Yeartie or anyone else."
Wade testifies Willis often paid him back for their travels
Addressing allegations that he paid for DA Fani Willis' travel when the two of them traveled together, prosecutor Nathan Wade testified that Willis often paid him back in cash or spent money on him in other ways so that expenses roughly "balanced out," insisting that Willis "carries her own weight."
"All of the vacations she took, she paid you cash?" defense attorney Ashleigh Merchant asked.
"Yes ma'am," Wade said.
The defense has accused Willis of improperly benefiting financially from the relationship, by paying Wade a salary that was then used to pay for their travels together.
Speaking more broadly, Wade insisted that throughout their entire relationship, Willis paid her own way, painting it as character trait of hers.
"If you've ever spent any time with Mrs. Willis you understand she's a very independent proud woman, so she's going to insist that she carries her own weight," he testified.
"It actually was a point of contention between the two of us," Wade said. "She was going to pay her own way."
Wade went through the various trips booked on his credit card, one by one, including trips to Napa Valley and Belize. In one instance, Wade testified it was actually Willis who paid for the "entire trip" -- despite the fact that it was on his credit card.
On the Napa trip, Wade testified that Willis paid for the excursions, "so the expenses sort of balances out." He said it was like any relationship: "In a relationship, you don't -- particularly men -- you don't go asking back," Wade said. "You're not keeping a ledger."
Wade testifies his relationship with Willis began in 2022
Prosecutor Nathan Wade, refuting earlier testimony claiming his relationship with DA Fani Willis started before she hired him on the election interference case case in November 2021, testified that the relationship started in 2022.
"When did your romantic relationship with Mrs. Willis begin?" defense attorney Ashleigh Merchant asked him.
"2022," Wade replied.
"When?" Merchant pressed.
"Early 2022," Wade responded.
"What's early?," Merchant asked.
"Around March," Wade said.
Wade was then asked about conversations he and Willis had around their first meeting in 2019. He testified that they spoke two or three times in 2019.
"She felt comfortable calling for advice," he testified.
He said the calls progressed and they spoke more frequently. He testified that in 2021, the discussions between him and Willis became "frequent."
Wade testifies he's 'not recalling' traveling with Willis in 2021
Special prosecutor Nathan Wade, asked if he traveled with DA Fani Willis around the time prior to the Trump election interference case being launched, stated that he's "not recalling" that after being pushed to answer "yes" or "no."
When asked by the defense if he traveled with Willis in 2023 or 2022, Wade said he did -- but he gave a different answer when asked about 2021.
"Did you travel with her in 2021?" defense attorney Ashleigh Merchant asked.
"I'm not recalling any travel in 2021," Wade replied.
"It's not yes or no, you just don't remember?" Merchant pressed.
An attorney for the DA said during Merchant's questioning, "We're going pretty far field into divorce matters." But the judge let questioning continue.
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.