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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Wade is in the courtroom as proceedings begin

Prosecutor Nathan Wade is in the courtroom as today's hearing gets underway, but so far DA Fani Willis is not.

Judge Scott McAfee previously told the multiple defense attorneys he would give them one "time block" today for their closing arguments, and that they could "use the time how you think is effective."

The state will also make a closing argument.


Judge to hear final arguments today on Willis' disqualification

Judge Scott McAfee will hear what is expected to be final arguments this afternoon on motions to disqualify DA Fani Willis based on allegations that she benefited financially from a romantic relationship with prosecutor Nathan Wade.

Both Willis and Wade testified their relationship began after he was hired for the case in 2021, and that Willis reimbursed Wade in cash for vacations they took that were booked on his credit card.

Defense lawyers initially argued that Wade's former law partner and divorce lawyer, Terrence Bradley, would contradict Wade and Willis' claim on the stand about when the relationship began, but Bradley instead testified earlier this week that any past statements he made to that effect were "speculation on my part."

Bradley, according to text messages read in court, previously told defense attorney Ashleigh Merchant -- who led the charge on the disqualification effort -- that Willis and Wade's relationship began long before he was hired, raising potential credibility issues for Judge McAfee to consider.

"Absolutely," Bradley wrote Merchant in a text message read in court. "[The relationship] started when she left the DAS office and was judge in South Fulton."

Judge McAfee had left open the possibility that he could "reopen" the evidentiary process after both the defense and state submitted motions containing new evidence, telling them they could both "proffer" their evidence at the hearing and that he would make a determination.

Trump's attorney are seeking to admit data from Nathan Wade's cellphone they say shows Wade in the area of Willis' home dozens of times before he was hired, which the state disputes. The state is also seeking to enter an affidavit from a winery employee they say will back up Willis' claims that she paid for her and Wade's excursions in cash.


Hearing ends without smoking gun, arguments to be heard Friday

After more than two hours, Tuesday's hearing concluded without providing any revelatory information about the timeline of the romantic relationship between Fulton County prosecutor Nathan Wade and DA Fani Willis, which the defense contends started before Wade was hired, in contrast to what both Wade and Willis have testified.

Judge Scott McAfee said that he plans to hear arguments from the parties on Friday about the case for Willis' disqualification so he can try to make a ruling.

"At this point, I need to start hearing the arguments and the law and what we've heard so far. If I think I'm able to reach a ruling based on that, I will," McAfee said.

He added that the parties could push to continue presenting evidence if needed.

"The intention is that we're still sticking with the argument," McAfee said. "But the parties are free to address some of these issues that have been brought up, post-hearing, if they'd like to."


State declines to question Bradley

Following a break, the state declined to question prosecutor Nathan Wade's former attorney Terrence Bradley after the defense wrapped up their questioning.

Bradley has stepped down from the stand after approximately two hours of testimony.

The parties are now debating Bradley's text messages being entered as evidence.

The state is claiming that Bradley did not authenticate the entire text message exchange, and has asked the judge to parse through it to determine its relevance to the case.


Willis urges court to reject disqualification effort

DA Fani Willis's office on Tuesday urged the judge to reject the disqualification effort against her, arguing in a filing that Trump and his co-defendants failed to meet the "high" standard required by law to disqualify an elected district attorney.

Willis' office, in the filing, told the judge the law requires him to find a "high standard of proof" that she has an actual conflict of interest or that she engaged in forensic misconduct -- which she says she did not do. She urged the judge to reject the arguments from Trump and others that the judge can disqualify her based solely on an appearance of a conflict.

"The binding caselaw in Georgia is clear: a trial court is not authorized to disqualify an elected district attorney absent a showing," the filing states. "Every Georgia case that has addressed the issue has reached the same conclusion: in order to authorize a trial court to disqualify an elected district attorney, an actual conflict of interest must be proven."

The filing said Trump and some of his co-defendants have asked the judge to instead to adopt a "novel" legal standard for disqualification "that has never before been recognized in Georgia."

"But no such standard exists under our law," the filing states.

The filing also emphasized that, based on the law, any alleged benefit a prosecutor received must be material, writing that a "nebulous" benefit that is not directly tied to the outcome of the case "is not enough to warrant disqualification."

"Here, the Defendants have not even alleged -- and certainly have not proven --that the District Attorney received any benefit contingent upon the outcome of this case," the filing said.