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 testifies that she paid for trips in cash
DA Fani Willis pointedly testified that she paid prosecutor Nathan Wade for the cruise they took and Aruba trip they went on -- in cash -- before they even went.
"Did you pay him back? For the cruise and for Aruba?“ asked defense attorney Ashleigh Merchant.
“Yeah, I gave him his money before we ever went on that trip," Willis replied.
"And so when you got cash to pay him back on these trips, did you go to the ATM?" asked Merchant.
"No," said Willis.
"So the cash that you would pay him, you wouldn't get it out of the bank?" Merchant asked.
"I have money in my house," Willis replied. “For many, many years I have kept money in my house."
"I just have cash in my house," Willis continued. "I don't have as much today as I would normally have, but I'm building back up now."
Willis testified that her father says, "As a woman you should always ... you should have at least six months in cash at your house at all time."
"I don't know why this old black man feels like that. But he does," she said.
Willis says she and witness haven't had 'consistent friendship'
DA Fani Willis, in heated testimony, said that Robin Yeartie, who testified earlier, betrayed her friendship and that both of them have not retained a "consistent friendship."
"There's a saying, 'No good deed goes unpunished,'" Willis said. "And I think that she betrayed our friendship."
"I ran into her about 10 years ago in Atlanta, Georgia," Willis said of Yeartie. "So we didn't talk throughout that time period. I didn't see her. I didn't even know where she was."
"And so yes, I have known her probably since 1990, 1991, but we have not maintained a consistent relationship that whole time," Willis added.
Earlier, Yeartie testified that Willis told her about the romantic relationship with Wade.
Yeartie said she saw them "hugging, kissing, just affection."
Willis said at one point said she took over Yeartie's lease and would pay her rent in cash or by Cash App.
Willis testifies she and Wade began dating in 2022
DA Fani Willis, on the stand, testified that she and prosecutor Nathan Wade began dating in 2022 -- rebutting an earlier witness who testified the relationship began before Wade was hired.
Speaking about a trip that she and Wade took in April 2022, Willis testified they began dating "right around then."
"When did you start dating?" defense attorney Ashleigh Merchant asked.
"It was right 'round then," Willis responded.
"April 2022?" Merchant asked.
"Around then," Willis said.
Willis, on the stand, fights back against allegations as 'lies'
DA Fani Willis began her testimony by slamming the allegations against her, as well as co-defendant Mike Roman's attorney, and the news media for its coverage.
"I've been very anxious to have this conversation with you today," Willis said almost immediately. She also said, "I've been in the office pacing."
Willis plainly accused Roman's attorney, Ashleigh Merchant, of lying, and assailed the media.
"It seems today, a lawyer writes a lie and then it's printed to all the world to see," Willis said.
Willis' remarks drew objection from Trump's attorney Steve Sadow.
"I object to the speech making," Sadow said, but Willis kept going.
"It's highly offensive when someone lies on you," Willis 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.