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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Attorneys have clashed in court filings

The district attorney's office and attorneys for the defendants have traded accusations in a series of court filings leading up to Thursday's hearing.

Trump co-defendant Michael Roman has accused Fani Willis and Nathan Wade of violating "laws regulating the use of public monies" and alleges that they "suffer from irreparable conflicts of interest." Specifically, he alleges Wade paid for multiple trips for him and Willis, including to Napa Valley and Belize. Credit card statements later revealed Wade paid for at least two flights for Willis on his credit card.

Wade, in an affidavit submitted to the court, said expenses between him and Willis were "roughly divided equally" and that he used his personal funds. The affidavit also said the relationship started after he was hired on the case in 2021, and that he and Willis have never cohabitated.

However, Roman's attorney, Ashleigh Merchant, has alleged some of the statements in Wade's affidavit were inaccurate. Merchant says she a witness ready to testify that the relationship predated Wade's hiring, which would dispute Wade's affidavit.


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.