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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Trump attorney now questioning Bradley

Former President Trump's attorney Steve Sadow is now questioning Nathan Wade's former law partner Terrance Bradley.

Sadow, who is not present in the courtroom, is questioning Bradley over Zoom.


Bradley says he does 'not have the date' when relationship started

Ashleigh Merchant, the attorney for Trump co-defendant Michael Roman, struggled as she began in her direct examination of Wade's ex-attorney Terrence Bradley as the proceedings quickly got bogged down in objections over privilege.

"A lot of this is based on gossip and innuendo ... and privileged information," the state's attorney said while objecting to Merchant's questioning.

The back-and-forth already appears to be frustrating Judge Scott McAfee, who threatened to limit the testimony.

"Ms. Merchant, you don't have much more to pull on here," McAfee said.

"He doesn't remember much of anything right now, and so I'm trying to create a timeline to hopefully piece this together," Merchant responded regarding Bradley.

While Merchant attempted to ask Bradley about past text messages exchanged -- which have not been entered into evidence -- Judge McAfee limited the testimony.

Bradley himself said he could not recall when Willis and Wade began their romantic relationship.

"I can't give you a date if you're asking for a date," Bradley said. "If you're asking me how did I get the knowledge, it would have come directly from a client."

"At this time, I am telling you that I do not have the date," Bradley responded when Merchant pushed on the question.


Judge says attorney-client privilege wasn't established

Judge Scott McAfee began the hearing by confirming that both Nathan Wade and his former law partner Terrence Bradley did not meet the burden to establish attorney-client privilege "as it relates to Mr. Bradley's knowledge of any relationship that existed between Ms. Willis and Mr. Wade."

"I didn't see any other choice but to allow the parties to have an opportunity to explore that topic with him," McAfee said regarding Bradley returning to testify.

Bradley then took the stand.


Hearing is underway

Tuesday's hearing in Fulton County is underway, with special prosecutor Nathan Wade's former law partner and divorce attorney, Terrence Bradley, expected back on the witness stand.

Wade is present in the courtroom but so far there is no sign of DA Fani Willis. The attorney for Michael Roman, Ashleigh Merchant, is also in court today, and former President Donald Trump's attorney is appearing over Zoom.

For the state, Adam Abbate, attorney for the DA's office, is present.


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."