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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Judge expresses frustration at questioning of witness

Testimony from one of the defense's key witnesses appears to be falling short as the judge seems to grow frustrated with repeated lines of questioning.

"I haven't really heard a point in a while," the judge told defense attorney Ashleigh Merchant amid a prolonged questioning of Nathan Wade's former law partner, Terrence Bradley, about his contract with the DA’s office. "Can we get along to something or we're gonna have to wrap it up."

The defense took a hit when the judge ruled earlier against their crime-fraud exception argument that would have compelled Bradley to testify about text messages with Merchant about Wade's relationship with DA Fani Willis – which Trump's attorney claimed could show Wade perjured himself on the stand about when that relationship started.

But with the judge blocking that testimony for now, instead, the defense has been focused on long-winding questions about Bradley's legal contracts and about whether or not he had dinner with Wade or Willis – seemingly not what the defense had hoped would take up the witnesses' testimony.

At one point, another defense attorney argued to the court that adultery would fall under the crime-fraud exception – but the judge, seemingly growing annoyed, quickly shot it down.

Bradley was first called earlier this morning after the state declined to question Willis but was at a doctor's appointment. A person with Bradley told ABC News he attended the doctor's appointment because he figured Willis's testimony would take up the morning.

The state has forcefully worked all day to invoke privilege to block aspects of Bradley's testimony.


Witness 'sure' Wade told him about earlier 'socializing' with Willis

Terrence Bradley testified that he is “sure” prosecutor Nathan Wade told Bradley about “socializing” with DA Fani Willis prior to November 2021.

“Did Mr. Wade ever tell you prior to November 1 of 2021 that he had socialized or gone out to eat with Miss Willis in anything other than a professional setting?” asked Donald Trump’s attorney Steve Sadow.

“I'm sure he did,” Bradley replied.

Before that, Bradley also testified that he couldn't recall if Wade and Willis met privately in Wade's office.

"Did Miss Willis meet privately with Mr. Wade in his office that you observed?" Sadow asked.

"I can't recall," Bradley replied.


Judge says he will review text messages after hearing

Judge McAfee said Friday he would review Terrence Bradley’s text messages with prosecutor Nathan Wade after the hearing.

McAfee indicated the review would happen on-camera but remain sealed unless he’s “ever directed otherwise.”

“In order to preserve the record, at the conclusion of the hearing, I think I can go on camera with Mr. Chopra and Mr. Bradley and we can put in a sealed filing exactly what the extent of those communications were,” he said.

“Those [would] remain sealed until sometime if we’re ever directed otherwise,” the judge said.


Trump attorney accuses Nathan Wade of perjury

Trump attorney Steve Sadow accused prosecutor Nathan Wade of perjury on the witness stand, related to when his relationship began with DA Fani Willis.

"Mr. Wade committed perjury on the witness stand," Sadow said standing in court, continuing his argument for why Terrence Bradley's testimony regarding his texts and knowledge of Wade and Fani Willis' relationship.

Bradley has testified that he did not have personal knowledge of the relationship between Wade and Willis. But the defense is arguing the texts would show otherwise.

"A lawyer shall not knowingly failed to disclose and material fact to a tribunal. When disclosure is necessary to avoid assisting a criminal or fraudulent act," Sadow said.


Trump co-defendant says witness can dispute timeline testimony

In a court filing Monday, one of Donald Trump's co-defendants proposed new testimony if Judge Scott McAfee were to reopen the evidentiary process in the defendants' effort to disqualify DA Fani Willis, claiming he has a new witness who previously spoke to prosecutor Nathan Wade's former attorney, Terrance Bradley, and will back up claims that he has knowledge to dispute what Willis and Wade say is the timeline of their relationship.

According to the filing from Trump co-defendant David Shafer, Cindi Yeager -- the co-chief deputy district attorney in Cobb County, Georgia -- had "numerous" conversations with Bradley related to Willis and Wade, in which Bradley told her their relationship began before Wade was hired on the election interference case.

"Mr. Wade had definitely begun a romantic relationship with Ms. Willis during the time that Ms. Willis was running for District Attorney in 2019 though 2020," the filing alleged Bradley told Yeager during conversations that occurred between August 2023 and January 2024.

The testimony would allegedly refute what Bradley -- who was supposed to be the defense's "star witness" -- said on the stand at the hearing: that he had "no personal knowledge" of the timing of Willis and Wade's relationship and that he was "speculating" when he said their relationship started around 2019.

The filing also claims Bradley was in Yeager's office in September 2023 when he received a phone call that Yeager "could hear" was Fani Willis allegedly "calling Mr. Bradley in response to an article that was published about how much money Mr. Wade and his law partners had been paid in this case."

"Ms. Yeager heard District Attorney Willis tell Mr. Bradley: "They are coming after us. You don't need to talk to them about anything about us," the filing says.

The filing seeks permission to subpoena Yeager and present her testimony, if the judge were to reopen the evidentiary process.