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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Witness says he has 'no knowledge' of when relationship began

After a long back and forth, Terrence Bradley testified that he does not have any personal knowledge of when DA Fani Willis and prosecutor Nathan Wade began their romantic relationship.

“Any knowledge of Nathan Wade and Fani Willis's romantic relationship beginning while they were both serving as judges– is any knowledge that you have from your own personal knowledge or something that was told to you in furtherance of legal advice?” asked attorney Ashleigh Merchant.

“I have no personal knowledge of when it actually happened,” Bradley replied.


State working to block testimony from Wade associate

The state is forcefully working to block testimony from Nathan Wade's law partner Terrence Bradley regarding text exchanges he had with defense attorney Ashleigh Merchant in September 2023.

The judge is so far allowing the defense to continue with its questioning of the texts.

At one point, Merchant handed her phone to the state to look at the texts after the state claimed they weren't sure if the texts were being presented in full.

"These exchanges are just two lawyers gossiping about information," the state said, while holding Merchant's phone. "And I'm concerned about it coming into the record in this way.”

The state told the court that they object to the defense even asking questions about the texts because if they were read it would be "inflammatory."


Wade associate called to the stand after failing to appear earlier

The defense called prosecutor Nathan Wade’s law partner Terrence Bradley to the stand as the hearing resumed Friday afternoon after a recess.

Bradley was called earlier but did not appear in court. Judge McAfee threatened to hold the witness in violation of a subpoena for his failure to appear. His attorney said he was at a doctor’s appointment.

The state is working to invoke privilege over his testimony.


Willis' father testifies he's rarely seen her due to threats

DA Fani Willis' father testified more about the fallout the Willis family has faced in light of the ongoing threats she has faced over her work -- including how it has forced Willis to limit her contact with her father.

Willis' father, John Floyd, said "I've only seen my daughter -- and this is very hard for me to say – but during the period my daughter left, I've only seen my daughter 13 times because I can't."

Floyd testified that even when he's seen his daughter, they've kept their time together short.

"And we've never seen each other for more than maybe three hours because of, you know, the nightmare threats," he said.

Court recessed for a one-hour break after Floyd stepped down from the stand.


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.