An Atlanta-based judge says Fulton County District Attorney Fani Willis could be disqualified from the election subversion case against former President Donald Trump and 18 co-defendants, though only if she benefited financially from her relationship with a special prosecutor assigned to the investigation.
Judge Scott McAfee will hear testimony on Thursday from persons with purported knowledge of Ms. Willis’ relationship with Nathan Wade, a lawyer she hired to work on the case.
A defendant in the case, Michael Roman, says Ms. Willis should be disqualified because she financially benefited from payments to Mr. Wade — an allegation the prosecution derided as gossip at a Monday hearing on subpoenas related to the issue.
“I think it’s clear that disqualification can occur if evidence is produced demonstrating an actual conflict or an appearance of one,” Judge McAfee said at the hearing. “The [prosecution] has admitted a relationship existed, so what remains to be proven is the existence and extent of any financial benefit, again if there even was one. Because I think it’s possible that the facts alleged by the defendant could result in disqualification.”
Ms. Willis began investigating Mr. Trump three years ago based on his efforts to pressure Georgia Secretary of State Brad Raffensperger to dig up enough votes to overturn President Biden’s electoral victory in the state in 2020. A grand jury last year indicted Mr. Trump and his associates.
Mr. Roman filed a bombshell motion alleging Ms. Willis benefited from the prosecution because she hired Mr. Wade, a lawyer, to work on the case and then took trips with him in an apparent romantic relationship.
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Ms. Willis acknowledged the relationship in a formal response but said that was no reason to disqualify her or Mr. Wade, saying they didn’t benefit personally from the case.
“The defense is not bringing you facts, the defense is not bringing you law, the defense is bringing you gossip,” Anna Cross, a lawyer for the state, said Monday. “The court should not condone that practice.”
Judge McAfee said any decision on disqualification will come after his evidentiary hearing on the matter. However, he said the Willis-Wade relationship is “only relevant because it’s in combination with the question of the existence and extent of any benefit conveyed as a result of their relationship.”
Ms. Willis may be required to testify at the Thursday hearing, though Judge McAfee hasn’t ruled on the question yet.