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
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's former attorney to retake the stand this afternoon
Prosecutor Nathan Wade's former law partner and divorce attorney, Terrence Bradley, will take retake the stand at a hearing this afternoon, after Judge McAfee ruled that Bradley must return to the witness stand to testify on topics not covered by attorney-client privilege.
During the hearing two weeks ago, Bradley cited attorney-client privilege in declining to answer many of the defense's questions about Wade and Willis' relationship. Attorneys for the defense have claimed Bradley has evidence that Wade and Willis' romantic relationship began before Willis hired Wade in November 2021, which would contradict Willis and Wade's sworn testimony that their relationship began in 2022 and ended in the summer of 2023.
Judge McAfee said during the earlier hearing that he was "left wondering" about whether Bradley had "been properly interpreting privilege."
Court adjourns, judge signals it will resume next week or week after
Court adjourned for the day as the judge signaled court will resume late next week or the following week.
Judge McAfee adjourned the court after denying the state's request to call a client of Nathan Wade and Terrence Bradley’s law firm who would testify that Bradley allegedly sexually assaulted her.
Judge suspends Terrence Bradley's testimony
Terrence Bradley’s testimony has abruptly ended for the day on the request of Judge McAfee, who indicated he now doubts whether Bradley “has been properly interpreting privilege this entire time.”
The stunning development came after Bradley, when questioned by the state, testified about an allegation of sexual assault against him by an employee at the firm he shared with prosecutor Nathan Wade.
That testimony prompted defense lawyers to argue that if the sexual assault allegation is not covered by attorney-client privilege, neither should Bradley’s conversations with Wade about Wade’s relationship with DA Fani Willis.
“He lied,” said prosecutor Anna Cross.
The judge reiterated the need to speak to Bradley in private and suggested he could reopen evidence if he uncovers anything relevant.
He asked Bradley’s lawyer if his client is still in the courthouse and if so to go to the jury room for the private meeting.
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."