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
Wade pressed on why Willis reimbursed trip costs in cash
In a stern line of questioning, Trump's attorney Steve Sadow challenged prosecutor Nathan Wade on why DA Fani Willis would reimburse him in cash for travel and trips.
"You would have received thousands of dollars in cash from Miss Willis, correct?" Sadow asked.
"Yes, sir," replied Wade.
Trump's attorney then asked Wade if he "knew the source of the cash" – which Wade said he did not, claiming it was "out of her pocketbook."
Sadow followed up, wondering why Willis' form of repayment didn't stand out to Wade.
"The whole time that you she was paying you in cash, you never said, 'Hey, why do you have this amount of cash?'" Sadow asked.
Wade answered that in his law practice, "people come into my law firm all the time with cash" and that he "never questioned where they got it."
Sadow shot back, saying, "But we're talking not about people that come into your law firm -- we're talking about the district attorney of Fulton County, who I'm assuming receives a paycheck. She doesn't get paid in cash."
Wade also testified that he never saw any records of Willis making cash withdrawals.
Wade testifies relationship with Willis ended last year
Facing questions from former President Trump's attorney Steve Sadow for the first time, prosecutor Nathan Wade testified that his relationship with Willis ended in the summer of 2023.
"I would say June maybe," Nathan said of the timing.
Sadow and Wade then went through an awkward line of questioning regarding whether Wade had a "personal" relationship after the breakup.
"Are you asking me if I had intercourse with the district attorney?" Wade asked bluntly.
"I was trying not to," Sadow responded. Wade eventually answered no.
Sadow also peppered Wade with questions about who knew about the relationship.
"If it was a legitimate relationship, is there any reason this relationship was kept secret or private?" he asked.
"We weren't trying to keep anything secret, Mr. Sadow," Wade said later.
Defense questions Wade on his contract with Fulton County
Craig Gillen, the attorney for Trump co-defendant David Shafer, pressed Nathan Wade on his contract with Fulton County, how much he was paid, and the timeline of his personal relationship with DA Fani Willis.
"During the course of romantic relations, yes or no -- you signed [the] extension on November the 15th, 2022?" Gillen asked, referring to Wade's contract with Fulton County.
"The answer to that question is yes," Wade replied.
"Ater the Aruba trip, you get re-upped with a new contract?" Gillen asked.
"Correct," replied Wade.
Asked by Gillen about an invoice that billed Fulton County for "24 hours of work in one day," Wade said the date reflects when he completed the task of preparing the election case for pretrial.
"Tell the court what you billed for on November 5, 2021," Gillen said.
"On November the 5th, I completed the task of preparing the cases for pretrial," Wade said. "That's the date I completed..." Wade continued, before being interrupted by Gillen, who said, "Just read it."
Wade questioned if he had 'sexual relations' with Willis
Prosecutor Nathan Wade was questioned by defense counsel regarding his relationship with DA Fani Willis and specifically asked if he had "sexual relations" with her.
He was specially questioned by Craig Gillen, the attorney for Trump co-defendant David Shafer, about answers he gave on a interrogatory related to Wade's divorce, when Wade was asked if he had any sexual relations with a woman during his marriage and separation to his now-ex-wife.
"Let's just get down to it," Gillen asked Wade. "Did you or did you not, by May the 30th, 2023, have had sexual relations with Miss Willis, yes or no?"
"Yes," Wade replied.
Wade was then asked why he answered "none" on the interrogatory related to the divorce.
"I didn't answer 'no' to the question you just asked," Wade said. "I answered 'no' to the interrogatory question."
Wade was then pressed on the cash payments he earlier testified that Willis made to him to reimburse him for travel costs.
"You don't have a single solitary deposit slip to corroborate or support any of your allegations that you were paid by Ms. Willis in cash, sir? Not a single, solitary one?" Gillen asked.
"Not a single one," Wade replied.
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."