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 slams Wade associate for not appearing
A visibly irritated Judge McAfee threatened to hold a potential witness in violation of a subpoena for his failure to appear at the hearing today.
Terrence Bradley, a former associate of and lawyer for Nathan Wade, took the stand on Thursday and largely declined to answer questions, citing attorney-client privilege. The state intended to call Bradley back to the stand on Friday, but his attorney said he was at a doctor’s appointment.
Bradley’s failure to appear caused a roughly 90-minute delay before proceedings resumed.
“The notice in this hearing indicated it would last at least two days,” McAfee said. “So right now, I think he's in violation of a subpoena.”
An attorney for Bradley said he would encourage his client to return to court as quickly as possible to resume testimony this afternoon.
DA Fani Willis' father is now on the stand.
State calls former Georgia governor as witness
Court is now back in session following a break.
The state has called former Georgia Gov. Roy Barnes to the stand.
Barnes is the first witness in the state's case, followed by Willis' father, John Floyd III.
State was 'satisfied' with Willis' testimony, source says
A source familiar with the state's decision-making process tells ABC News the state did not recall DA Fani Willis to the stand because they were ultimately "satisfied" with her testimony Thursday.
The source said they felt Willis "addressed everything," and that they could stand on that testimony moving forward.
"Why reopen it?" the source said.
As a result of the state deciding not to cross-examine Willis, the defense now won't have a chance to question her again.
Former associate of Wade expected to testify next
Less than 10 minutes after the hearing started, the court is in recess until Judge McAfee hears from both parties.
Terrance Bradley, a former business associate of Nathan Wade, is expected to testify but he is not in court yet.
Bradley briefly testified Thursday but the issue of attorney-client privilege came up and he was dismissed.
Attorneys are currently going over the questions for Bradley that won't violate privilege.
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.