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 walks in unannounced, then takes stand
As attorneys were arguing over DA Fani Willis' testimony, Willis surprised the court by walking into the courtroom unannounced, and prosecutors withdrew their motion to quash the subpoena for her testimony.
The DA then took the stand.
Wade testified his income decreased with case
Under questioning from an attorney with the DA's office, prosecutor Nathan Wade testified that his income decreased after signing on to work with Fulton County, and that he had to work "so many hours" that he couldn't get paid for.
"In 2022, your estimated monthly income at that time was $14,000 a month?" special prosecutor Anna Cross asked.
"Yes," Wade replied.
"In 2023, what did that number come to?" asked Cross.
"$9,500," Wade said.
When asked about the hours Wade worked that he didn't get paid for due to a cap, because of a cap, Wade said there were "so many hours" that he worked that he couldn't get paid for.
"This invoice makes me cry," Wade said. "There's so many hours here that I worked that I couldn't I couldn't get paid for."
"This is not the type of job that you can walk away from just because you're not getting paid for it," Wade said.
Wade asked about visiting Willis' condo
Trump's attorney Steve Sadow asked Wade about visiting Willis' Atlanta-area condo before November 2021, which would have been prior to his getting a contract with the DA office.
"Did you and Ms. Willis go to the Hapeville condo prior to Nov. 1, 2021?" Sadow asked.
"Yes," said Wade, who said he "maybe went to talk about a document that I received."
Sadow then asked Wade if phone records showed Wade made calls from Willis' condo prior to November 2021 ,would they be wrong.
"Yes sir," Wade replied.
Asked what other reasons phone records would show him making calls from that area if they were not made from Willis' apartment, Wade pointed to the airport near Hapeville.
Wade testifies divorce timing was a coincidence
Donald Trump's attorney Steve Sadow asked Nathan Wade why he filed his divorce after being hired by Fulton County.
"Can you answer the question why you waited until Nov. 2, the day after you were hired by Miss Willis. to file for divorce?" asked Sadow.
"I can't," Wade replied.
Wade explained that because his ex-wife had relocated to Texas, he was only able to serve her the divorce papers when she returned to Georgia.
"It was purely by coincidence that I filed the day after the contract with the DA's office," Wade 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.