ATLANTA — A Fulton County judge reviewed evidence and heard arguments to determine if Fulton County District Attorney Fani Willis should be disqualified from the 2020 election interference case over alleged misconduct.
Fulton County Superior Court Judge Scott McAfee set an evidentiary hearing for Thursday. The hearing focused on allegations that Willis improperly benefitted from a personal relationship with her appointed special prosecutor, Nathan Wade.
Both of them took the stand to testify.
Trump codefendant Mike Roman alleges that Wade used a portion of the money he made from the election interference case to pay for various trips that he and Willis took together.
Wade acknowledged the relationship earlier this month in a sworn affidavit but said it began after his appointment. Wade and Willis denied allegations of misusing taxpayer funds.
Roman alleges the relationship began before Wade's appointment.
"Because I think it's possible that the facts alleged by the defendant could result in disqualification, I think an evidentiary hearing must occur," McAfee said earlier this week. "I think it’s clear that disqualification can occur if evidence is produced demonstrating an actual conflict or the appearance of one. ...The issues at point here are whether a relationship existed, whether that relationship was romantic or non-romantic in nature when it formed, and whether it continues."
In addition to having Willis, Wade, and her office disqualified from the case, Roman seeks to have the criminal charges against him dismissed. At least nine defendants have filed or adopted motions seeking Willis' disqualification, according to defense attorneys and documents reviewed by 11Alive.
It was initially unclear if Willis and Wade would be forced to testify at Thursday's hearing. However, Willis took the stand behind Wade and she is expected to be back in court Friday at 9 a.m.
Fulton County Superior Court Judge Scott McAfee did not block subpoenas that Roman filed seeking testimony from the prosecutors and other DA's Office employees.
The court also heard testimony from Terrence Bradley — a former law partner and friend of Wade. Former DA's office employee Robin Yeartie also took the stand.
If Willis is removed, the Prosecuting Attorneys' Council of Georgia will select a prosecutor to take over the case. The prosecutor could continue the racketeering prosecution, pursue only some of the charges, or drop the case completely.
A Fulton County grand jury indicted Trump and 18 others in August 2023. So far, four people have pleaded guilty. Prosecutors want an August 2024 trial for Trump and the remaining 14 defendants. No trial date has been set.