The Georgia judge overseeing the sweeping racketeering case against former President Donald Trump will hear evidence Thursday related to allegations that District Attorney Fani Willis is having an “inappropriate” affair and should be disqualified from the case.
Fulton County Superior Judge Scott McAfee will hold an evidentiary hearing Thursday beginning at 9:30 a.m. and continuing through Friday on allegations first brought forward by co-defendant Republican political operative Michael Roman earlier this year.
Allegations in Roman's court papers, which have been echoed by three other subsequent co-defendants in the case, include that Willis was involved in an “inappropriate” relationship with special prosecutor Nathan Wade, whom he hired to help prosecute Trump.
Willis admitted to having a “personal” relationship with Wade but denied any conflict of interest. She also argued that According to Georgia law, For a district attorney to be forcibly removed from a case, the conflict of interest has to be detrimental to the defendant's case.
JUDGE IN TRUMP GEORGIA CASE SAYS DA FANI WILLIS' ALLEGED 'IMPROPER' MATTER 'COULD RESULT IN DISQUALIFICATION'
Fulton Superior Court Judge Scott McAfee (AP Photo/John Bazemore)
Judge McAfee said Monday that depending on his conclusions after hearing evidence presented by both sides, Willis could be disqualified from the case.
“In studying the law that has been presented to this point, I think it is clear that disqualification can occur if evidence is presented that demonstrates an actual conflict or the appearance of one. And the records presented on this issue so far have presented a conflict in the evidence that cannot be resolved as a matter of law,” he said.
McAfee was appointed to the position by Republican Governor Brian Kemp in 2021.
“Specifically, looking at defendant Roman's motion, it alleges a personal relationship that resulted in financial benefit to the district attorney. And that is no longer a matter of complete speculation. The state has admitted that a relationship existed. And so, What remains to be determined is the existence and scope of any economic benefit,” the judge stated.
“So, because I believe it is possible that the facts alleged by the defendant could result in disqualification, I believe an evidentiary hearing should be held to establish the record on those primary allegations,” he said.
Michael Roman's attorney Ashleigh Merchant will take center stage Thursday as she presents what she believes is enough evidence to disqualify Willis and his team.
Michael Roman's attorney Ashleigh Merchant listens with her husband John Merchant.
Terrence Bradley, Wade's former law partner, will testify first Thursday. His testimony will determine whether others will be required to testify.
In legal filings last month, Roman alleged that Wade billed Fulton County for 24 hours of work in a single day in November 2021, shortly after being appointed special prosecutor, and that Willis financially benefited from her alleged padded salary. taxpayer-funded lover by taking luxurious vacations together at his own expense.
According to court documents, Wade, who has no experience in RICO or felony prosecution, billed taxpayers $654,000 since January 2022.
Judge McAfee said Monday that “the details” of Wade's experience will not be relevant at the evidentiary hearing, which will take place on Thursday, February 15, adding: “In my opinion, as long as an attorney has a heartbeat and an attorney card the appointment of that attorney alone is a matter within the discretion of the District Attorney.”
DA FANI WILLIS OF FULTON COUNTY ADMITS PERSONAL RELATIONSHIP WITH PROSECUTOR BUT DENIES CONFLICT OF INTEREST
Fulton County District Attorney Fani Willis (AP Photo/Brynn Anderson, File)
McAfee said the questions “at this point” here are “whether a relationship existed, whether that relationship was romantic or non-romantic in nature, when it was formed and whether it continues. And that is only relevant because it is combined with the question of existence “. and the extent of any personal benefits conveyed as a result of their relationship.”
Willis responded to the allegations in a court filing and admitted to having a “personal” relationship with Wade, but denied any conflict of interest. She also argued that, According to Georgia law, For a district attorney to be forcibly removed from a case, the conflict of interest has to be detrimental to the defendant's case.
GEORGIA WHISTLEBLOWERS LINE UP TO WITNESS AGAINST DA FANI WILLIS OF FULTON COUNTY, STATE ATTORNEY SAYS
Fulton County, Georgia District Attorney Fani Willis and Special Prosecutor Nathan Wade. Wade Wade has reached a temporary divorce agreement with his ex-wife. (Getty Images)
Willis told the High Court that while the allegations against him are “lewd,” they have “no merit.”
Willis claims that while she and Wade “have been professional partners and friends since 2019,” there was “no personal relationship” between her and Wade as of November 2021 at the time of Wade's appointment, and that Roman and his attorneys “do not “offer no support for his insistence that the exercise of any prosecutorial discretion (i.e., any charging decision or plea recommendation) in this case was affected by any personal relationship.”
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Willis' filing said Roman's motions “attempt to cobble together completely unremarkable circumstances of Special Prosecutor Wade's appointment with completely irrelevant allegations about his personal family life into a fabricated conflict of interest on the part of the District Attorney.”
The state has also revealed that prosecutor Willis' father will testify Thursday, remotely from California.
