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
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.
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.