Fulton County judge says hearing against Fulton County DA Willis must move forward

FULTON COUNTY, Georgia. – TO Fulton County judge ruled an evidentiary hearing to determine if Fulton County District Attorney Fani Willis and others will be disqualified from the Georgia election interference case that will move forward on February 15.

“I think it’s clear that disqualification can occur if evidence is presented demonstrating an actual conflict or the appearance of one,” Fulton County Superior Court Judge Scott McAfee said.

Trump’s co-defendant files motion to dismiss indictment and disqualify Fani Willis

Michael Roman, one of former President Trump’s co-defendants, filed a motion in early January sought to disqualify Willis and his office due to an alleged romantic relationship between Willis and Special Prosecutor Nathan Wade.

“He alleges a personal relationship that resulted in personal benefit to the district attorney and that is no longer a matter of speculation,” McAfee said. “The State has admitted that a relationship existed. So what remains to be proven is the existence and extent of any financial benefit.”

“We definitely have a conflict in the evidence about when this relationship began,” defense attorney Ashleigh Merchant, who represents Roman, argued in court. “We have the date. We have whether or not they cohabited. We have whether or not there were funds that were paid to her that she used to travel with Ms. Willis.”

Roman’s defense attorney subpoenaed prosecutors Willis, Wade and several other employees of the prosecutor’s office to testify during Thursday’s evidentiary hearing, saying their testimony, along with that of Wade’s business partner and friend, Terrence Bradley, who is also scheduled to testify, will prove that Willis and Wade lied about their relationship.

Judge McAfee said during Monday’s hearing that he would defer a decision on whether to honor or quash subpoenas for the district attorney and other witnesses until after Bradly testifies.

One thing the judge made clear he would waste no time on during Thursday’s hearing was Wade’s qualifications. McAfee said the district attorney can hire any lawyer with “a heartbeat and a lawyer card.”

The hearing is expected to last 2 days.

Fani Willis, Nathan Wade: Romantic Relationship Story

At first, Willis and Wade remained silent about their relationship, but eventually disclosed in a written response ordered by Judge McAfee before the next hearing.

Timeline: Fulton County Prosecutor Fani Willis, Nathan Wade controversy

Last week, Willis filed a motion to cancel the subpoenas forcing her and her staff to testify on February 15. She dismissed Roman’s attempt to disqualify her and Wade as a “lewd” effort that lacked evidence for his removal from her case. Willis also refuted allegations that Wade was unqualified to serve as a prosecutor in the election case, calling them “factually inaccurate, baseless and malicious.”

“The defense is not presenting you with facts,” Fulton County Prosecutor Anna Cross told the judge. “The defense is not presenting them with the law, the defense is presenting them with gossip, and the state cannot, and the court should not, tolerate that practice.”

Willis maintains that Roman’s motion is an attempt to harass and disrupt the case without substantial cause.

Who did Trump’s co-defendant’s lawyer subpoena?

Roman’s attorney issued subpoenas to the following people:

• District Attorney Fani T. Willis

• Executive District Attorney Daysha Young

• Deputy District Attorney Sonya Allen

• Deputy District Attorney Dexter Bond

• Special Prosecutor Nathan Wade

• Deputy Chief Investigator Michael Hill

• Tia Green, Deputy Executive Assistant

• Head of Green Capers Research

• Deputy Chief Investigator Thomas Ricks.

Additionally, Roman’s attorney attempted to subpoena the attorney who represented Wade in the divorce proceedings and requested personal and business banking records pertaining to Wade and his law practice.

In response, Roman’s attorney filed a response to Willis’ motion on Friday, alleging that the district attorney has not been “candid” about the relationship. The lawyer claims that a witness, Wade’s former partner Terrence Bradley, will provide information that challenges Wade’s claim that the couple did not start dating until 2022.

Special Prosecutor Wade also filed a motion to quash the subpoena, saying the records request is overly broad and a form of harassment and intimidation.

What charges is Michael Roman facing in Trump election interference case?

Roman faces seven charges in connection with the district attorney’s office’s investigation into alleged interference in the 2020 Georgia presidential election, including a violation of the Georgia RICO Act, conspiracy to impersonate a public official, conspiracy to commit forgery in the first degree and conspiracy to commit false statements and writings.

Judge McAfee said he would defer his decision on whether those subpoenaed by the defense would have to testify during the two-day trial so they could be called to testify during the hearing.