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
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' use of cash a 'Black thing,' father testifies
DA Fani Willis on Thursday repeatedly testified that when prosecutor Nathan Wade booked their travel or paid for meals, she would repay him with large amounts of cash -- an arrangement that appeared to draw skepticism from defense counsel.
On the stand today, Willis’ father, John Floyd, explained his daughter’s use of cash as “a Black thing.”
“I was trained -- and most black folks -- they hide cash, or they keep cash,” Floyd said. “I’ve told my daughter: 'You keep six months’ worth of cash -- always.”
“And as a matter of fact, I gave my daughter her first cash box and told her always keep some cash,” he testified.
Willis' father testifies he didn't meet Wade until 2023
DA Fani Willis' father, John Floyd, testified that he did not meet prosecutor Nathan Wade until 2023.
"Did you ever meet Mr. Wade in the year 2019?" Michael Roman's attorney Ashleigh Merchant asked Floyd.
"Absolutely not," Floyd replied.
"You ever seen Mr. Wade at Miss Willis [at the] Fulton County house in the year 2021?" Merchant asked.
"Never," Floyd said.
Willis' father describes 'nightmare threats against her and me'
Fani Willis' father, John Floyd, described in detail the extent of the threats and abuse his daughter faced as her investigation into the former president ramped up, which eventually prompted her to leave her home.
"There have been so many death threats," he said. "And they said they were going to blow up the house, they were going to kill her, they were going to kill me, they were going to kill my grandchildren -- I mean, on and on and on."
Floyd said he lived with his daughter around the time, and that at one point the police sent an officer with a dog to sniff for bombs multiple times each day.
"Did you fear for her safety?" a state attorney asked.
"Absolutely," Floyd replied.
Floyd said that after Willis left the home, he lived there himself until December of 2022 -- when he said the "nightmare threats made against her and me" made the home "uninhabitable."
"I would have to walk around that house looking out of every window" to ensure no intruders were approaching the home, Floyd 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.