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Fulton County hearing: Trump case hangs in balance as judge mulls DA Willis' disqualification

PHOTO: Arguments resume on motions to remove Fulton County District Attorney Fani Willis from the Georgia election interference case against former President Donald Trump, March 1, 2024, in Atlanta.
3:09
POOL/ABC News
Georgia judge hears final statements in Fani Willis disqualification hearing
By Olivia Rubin, Will Steakin, Peter Charalambous, Lucien Bruggeman, Laura Romero
Last Updated: February 15, 2024, 3:34 PM

Following three days of testimony plus closing arguments, Scott McAfee, the judge overseeing former President Donald Trump's Georgia election interference case, is weighing motions to disqualify Fulton County District Attorney Fani Willis, primarily over accusations from Trump co-defendant Michael Roman that she benefited financially from a "personal, romantic relationship" with prosecutor Nathan Wade, who she hired for the case.

Willis and Wade, in a court filing, admitted to the relationship but said it "does not amount to a disqualifying conflict of interest" and that the relationship "has never involved direct or indirect financial benefit to District Attorney Willis."

Top headlines:

  • Defense says Willis committed 'unforgivable' misconduct
  • Hearing concludes, judge says ruling expected within 2 weeks
  • Judge presses DA's office: 'Money has changed hands'
  • Bradley says he does 'not have the date' when relationship started
  • Trump attorney accuses Nathan Wade of perjury
  • Willis says she didn't consider relationship romantic before hiring
Here's how the news is developing. All times Eastern.

Feb 15, 2024 3:34 PM

Wade associate invokes attorney-client privilege

Terrance Bradley, a former law partner of Nathan Wade, is declining to answer questions about Fani Willis and Wade's relationship, citing attorney-client privilege.

"I was advised by the bar … I cannot reveal anything that I saw or learned," Bradley said. "I am here because I also have a law license and I'm not trying to lose that."

The judge pushed back, saying, "That's a broader representation of attorney-client privilege than I've ever heard."

The debate has drawn the first comments from Donald Trump's attorney Steve Sadow, who said of Bradley's view of attorney-client privilege, "There is no such case law."

Sadow even suggested Bradley be held in contempt if he continues to refuse to answer questions.


Feb 15, 2024 3:07 PM

Associate of Wade's takes the stand

Michael Roman's attorney Ashleigh Merchant called her first witness in the effort to disqualify DA Fani Willis -- a former DA office employee named Robin Yeartie, who Merchant says has firsthand knowledge that Wade and Willis’ relationship began before he was hired, in contradiction to Wade’s sworn affidavit -- but Yeartie is not in court yet.

As a result, a new first witness has taken the stand: Terrence Bradley, a former business associate of prosecutor Nathan Wade who represented him in his divorce case.

"It wasn't my choice," Bradley said of having to testify today.

The state has objected to Bradley's testimony, saying it is protected by attorney-client privilege. But Roman's team says the information is not related to his representation of Wade in the divorce matter.


Feb 15, 2024 2:39 PM

Hearing is underway

The evidentiary hearing is underway in front of a packed courtroom.

DA Fani Willis has not yet entered the courtroom, but special prosecutor Nathan Wade is present, along with multiple attorneys for defendants in the DA's election interference case, including Trump attorney Steve Sadow and Mike Roman's attorney Ashleigh Merchant.

Two of Trump's co-defendants in the case, Harrison Floyd and David Shaffer, are also in attendance.



Feb 15, 2024 2:24 PM

Trump attending NYC hearing

Former President Trump's attorney has arrived for the Fulton County proceedings, but his client won't be attending the hearing.

Instead, Trump is attending a hearing in his criminal hush money case in New York.

The former president is not required to be at either of the two hearings taking place today.


Feb 27, 2024 7:40 PM

Bradley says he does 'not have the date' when relationship started

Ashleigh Merchant, the attorney for Trump co-defendant Michael Roman, struggled as she began in her direct examination of Wade's ex-attorney Terrence Bradley as the proceedings quickly got bogged down in objections over privilege.

"A lot of this is based on gossip and innuendo ... and privileged information," the state's attorney said while objecting to Merchant's questioning.

The back-and-forth already appears to be frustrating Judge Scott McAfee, who threatened to limit the testimony.

"Ms. Merchant, you don't have much more to pull on here," McAfee said.

"He doesn't remember much of anything right now, and so I'm trying to create a timeline to hopefully piece this together," Merchant responded regarding Bradley.

While Merchant attempted to ask Bradley about past text messages exchanged -- which have not been entered into evidence -- Judge McAfee limited the testimony.

Bradley himself said he could not recall when Willis and Wade began their romantic relationship.

"I can't give you a date if you're asking for a date," Bradley said. "If you're asking me how did I get the knowledge, it would have come directly from a client."

"At this time, I am telling you that I do not have the date," Bradley responded when Merchant pushed on the question.


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