The judge presiding over the Georgia election interference case against former President Donald Trump on Thursday will hear misconduct allegations that could lead to Fulton County District Attorney Fani Willis’ disqualification.
The highly anticipated hearing is set to focus on whether Willis personally benefited from a relationship with the lead prosecutor in the case, when the relationship began and whether it’s continuing.
Willis failed to quash a subpoena for her to testify under oath filed Monday with Fulton County Superior Court Judge Scott McAfee, who said it was “possible” she could be disqualified from prosecuting the case.
“Because I think it’s possible that the facts alleged by the defendant could result in disqualification, I think an evidentiary hearing must occur to establish the record on those core allegations,” McAfee said.
Willis acknowledged this month that she had a personal relationship with special prosecutor Nathan Wade, but she denied that it was improper. In a sworn affidavit, Wade said he had “no personal relationship” with Willis before the case or when he started as one of the prosecutors.
Trump and some of his co-defendants are seeking to have Willis removed from the case or the charges against them dismissed after Michael Roman, a defendant, claimed in court records that Willis and Wade were involved in an “improper, clandestine personal relationship” from which Willis has benefited financially. Roman’s filing called for Willis, Wade and the district attorney’s office to be removed from the case.
Roman’s attorney said in a court filing last week that Terrence Bradley, Wade’s former divorce lawyer, will testify that Wade lied about when his relationship with Willis began.
“Bradley has non-privileged, personal knowledge that the romantic relationship between Wade and Willis began prior to Willis being sworn as the district attorney for Fulton County, Georgia in January 2021,” the filing said. Ashleigh Merchant, Roman’s attorney, has subpoenaed other members of Willis’ team who Bradley alleged were aware of the relationship, which Anna Cross, a lawyer for the DA’s office, has denied.
McAfee said he would decide after Bradley testifies Thursday whether Willis or others would need to testify.
Willis charged Trump and 18 co-defendants in August with conspiring to overturn the 2020 presidential election in Georgia. Four defendants have pleaded guilty, while Roman, who faces seven criminal counts, and Trump, who faces 13, have pleaded not guilty.
Trump is not expected to be at Thursday’s hearing in Georgia. Instead, he will appear in court in New York for a separate case involving hush money payments that is set to go to trial in late March.
Trump faces 34 felony counts of falsifying business records in the New York case, tied to hush money payments made to adult film star Stormy Daniels during the 2016 presidential campaign. He has pleaded not guilty.
Trump faces cascading legal obligations as his criminal and civil cases advance — with court appearances often colliding with the demands of his campaign for the Republican presidential nomination.
