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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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.


Nathan Wade takes the stand

Special prosecutor Nathan Wade is now on the stand.

Fulton County prosecutors made a motion to quash the subpoena for Wade to testify, but Judge Scott McAfee rejected the motion, saying the "evidence in front of the court at the moment" is that a witness testified that the relationship predated his hiring, which contradicts their court filing.

"I don't see a way around the relevance of his testimony," said the judge.


Witness testifies Willis told her of relationship with Wade

Trump's attorney Steve Sadow drilled down into the testimony from Former DA office employee Robin Yeartie that Willis told her repeatedly that she and Wade were in a relationship before he was hired in 2021.

"Told you that in the year of 2020?" Sadow asked.

"Yes," Yeartie said.

"In the year of 2021?" Sadow asked.

"Yes," Yeartie said.

"Are you certain that Mrs. Willis told you about the romantic relationship with Mr. Wade prior to November 1 of 2021?, Sadow asked.

"Yes," Yeartie said.

Yeartie also testified she saw them "hugging, kissing, just affection."

All before he was hired?

"Yes," Yeartie said.


Former employee testifies that Willis, Wade were dating earlier

Former DA office employee Robin Yeartie testified that Fani Willis and Nathan Wade began dating prior to the Trump election interference case -- contradicting the claim in the state's court filing that the relationship started after Wade was hired.

"You know their personal relationship began shortly after" they met at a conference in October 2019, attorney Merchant asked the witness.

The witness, who said she was a old friend of Willis, replied, "Yes."

Yeartie is testifying via Zoom after she didn't appear in the courtroom.

The state is objecting to questions from the defense seemingly at every chance they can, which is significantly slowing down the proceedings. The judge has remained patient, but Michael Roman's attorney Ashleigh Merchant appears to be growing frustrated with the state's strategy.


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.