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Hearing underway on evidence against DA Fani Willis in Trump case that could disqualify her

The Georgia judge overseeing the massive extortion case against former President Donald Trump on Thursday presented evidence related to claims that District Attorney Fani Willis had an “illicit” extramarital affair and should be disbarred from the case. The case is scheduled to be heard.

Fulton County Superior Court Judge Scott McAfee will hold an evidentiary hearing from 9:30 a.m. Thursday until Friday on charges first filed earlier this year by co-defendant Republican political operative Michael Roman.

The allegations in Roman’s court filing are echoed by three co-defendants in subsequent cases, including Nathan Wade, the special counsel hired by Willis to help prosecute Trump; It includes an allegation that they had an “inappropriate” relationship.

Willis acknowledged having a “personal” relationship with Wade but denied any conflict of interest.She also claimed that According to Georgia law: For a district attorney to be forcibly removed from a case, the conflict of interest must be detrimental to the defendant’s case.

Trump-Georgia judge says allegations of ‘inappropriate’ affair with Da Fani Willis ‘could lead to disbarment’

Fulton Superior Court Judge Scott McAfee (AP Photo/John Bazemore)

Judge McAfee said Monday that Willis could be disbarred from the case, depending on his findings after hearing evidence presented by both sides.

“As I review the legislation that has been introduced to date, I think it is clear that disqualification can occur if evidence of an actual conflict, or an indication thereof, is presented. So far, the submissions filed on this issue show legal contradictions, evidence that cannot be resolved as a matter of law.”

McAfee was appointed to the bench in 2021 by Republican Gov. Brian Kemp.

“If you look at Roman’s allegations in particular, he alleges that the personal relationship provided financial benefit to the district attorney. And it’s no longer a matter of complete speculation. The state acknowledged that a relationship existed. .And what happens next?The existence and scope of the economic interest has been proven,” the judge said.

“Therefore, I think the facts asserted by the defendant could lead to disqualification, and I think an evidentiary hearing needs to be held to establish the record regarding these core allegations,” he said. Ta.

Michael Roman’s attorney, Ashley Merchant, will take center stage Thursday, presenting what she believes is enough evidence to disqualify Willis and his team.

Ashley Merchant in court

Ashley Merchant, Michael Roman’s attorney, listens next to her husband, John Merchant.

Mr. Wade’s former law partner, Terrence Bradley, is scheduled to testify first on Thursday. His testimony will determine whether others will be required to testify.

Roman said in a legal filing last month that in November 2021, shortly after he was appointed special prosecutor, Wade billed Fulton County for 24-hour work days and Willis received taxpayers’ money. He claimed to have benefited financially from his girlfriend’s inflated salary. We go on a luxurious vacation together with his money.

Wade, who has no experience with RICO or felony prosecution, has billed taxpayers $654,000 since January 2022, according to court documents.

Judge McAfee said Monday that the “details” of Wade’s experience will not be relevant to the evidentiary hearing on Thursday, Feb. 15, adding, “In my opinion, as long as the attorney has a heartbeat and a bar card.” The appointment of a lawyer is a matter within the discretion of the district attorney. ”

Fulton County Commissioner Da Fani Willis admits personal relationship with prosecutor but denies conflict of interest

Fulton County District Attorney Fani Willis poses for a portrait.

Fulton County District Attorney Fani Willis (AP Photo/Bryn Anderson, File)

McAfee said the “current” questions here are “whether a relationship existed, whether it was romantic or non-romantic in nature, when it was formed, and whether it continues. And it is only relevant because it is combined with the question of existence.” and the scope of personal benefits conveyed as a result of their relationship. ”

Mr. Willis responded to the allegations in a court filing, acknowledging that he had a “personal” relationship with Mr. Wade but denying any conflict of interest. She also claimed that: According to Georgia law: For a district attorney to be forcibly removed from a case, the conflict of interest must be detrimental to the defendant’s case.

Georgia whistleblower lines up to testify against Fulton County’s Da Fani Willis, state lawmaker says

Fanny Willis and Nathan Wade

Fulton County, Georgia District Attorney Fani Willis and Special Prosecutor Nathan Wade. Wade Wade has reached a temporary divorce settlement with his estranged wife. (Getty Images)

Ms Willis told the High Court the charges against her were “despicable” but without “reason”.

Willis said that while she and Wade had “been business colleagues and friends since 2019,” there was “no personal relationship” between her and Wade as of November 2021, when Wade was appointed. He claimed that Roman and his lawyers “have not provided any support.” They argue that the prosecutor’s exercise of discretion in this case (i.e., charging decisions and plea bargain recommendations) was influenced by personal relationships. ”

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According to Willis’ filing, Roman’s motion “refuses the completely unremarkable circumstances of Special Counsel Wade’s appointment and the completely unrelated allegations about his personal family life, creating a trumped-up conflict of interest on the part of the district attorney.” “We are trying to summarize it into .”

The state also announced that Willis’ father will testify remotely from California on Thursday.

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