ATLANTA — The judge overseeing the Georgia 2020 election interference case ruled there will be a hearing later this week on motions seeking to disqualify Fulton County District Attorney Fani Willis over allegations that she improperly benefitted from a personal relationship with her appointed special prosecutor Nathan Wade.
Fulton County Superior Court Judge Scott McAfee on Monday rejected arguments from the DA's office that the Feb. 15 hearing on disqualification motions shouldn't be held. McAfee did not rule on a request to block subpoenas filed by Trump codefendant Mike Roman seeking testimony from Willis, Wade and other DA's office employees.
Instead, McAfee wants to hear first from Roman's star witness — Terrence Bradley, a former law partner and friend of Wade.
Ashleigh Merchant, Roman's attorney, alleged that Bradley has extensive knowledge of the romance between Willis and Wade. McAfee will then decide who will be required to testify. Thursday's hearing will focus narrowly on the alleged conflicts.
"Because I think it's possible with the facts alleged by the defendant could result in disqualification, I think an evidentiary hearing must occur," McAfee said. "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."
Roman is seeking their testimony and other records to prove allegations that Willis and Wade financially benefitted from their romantic relationship. Willis appointed Wade to serve as a special prosecutor, and Roman alleged that Wade then used a portion of the money he made from the 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.
In a response filed last week, Roman alleged that the prosecutors have misrepresented certain facts about their relationship. Roman alleges the relationship began prior to Wade's appointment, and he disputed claims that the prosecutors roughly split travel expenses.
Attorney John Acevedo, Visiting Associate Professor with Emory University School of Law in Atlanta, said it appears that Judge McAfee intends to err on the side of caution.
"The key phrase from Judge McAfee was 'the appearance of conflict of interest,'" Acevedo said. "And that's clearly what's on Judge McAfee's mind here; it's the appearance of impropriety, even where there may not be any."
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.
Merchant previewed some of the arguments she's expected to make during Thursday's hearing. She said Bradley would testify that numerous people in the DA's office knew of the relationship between Wade and Willis.
Merchant also alleged that Wade filed pleadings in his Cobb County divorce case claiming that he was not romantically involved with anyone else during the course of his marriage. However, Wade updated the information in the divorce case after the motion to disqualify was filed. Wade allegedly pleaded the 5th Amendment in the updated filing when asked about relationships.
Special prosecutor Anna Cross rejected those allegations. Cross said Wade's affidavit in the election case was "100%" truthful and that none of the subpoenaed witnesses in the DA's office would testify otherwise.
Bradley will not be the only witness expected to testify at Thursday's hearing. The District Attorney's Office plans to call Willis' father, John C. Floyd III, to testify virtually. He is expected to refute Roman's claims that Wade and Willis previously lived together at a home that Willis owned, Cross said.
Cross and other attorneys representing those subpoenaed accused Merchant of going on a "fishing expedition" and improperly using subpoenas.
"The defense in not bringing you facts. The defense is not bringing you law. The defense is bringing you gossip," Cross said. "And the state cannot and the court should not condone that practice."
McAfee's decision on the subpoenas could have an outsized impact on the election case. It is rare for prosecutors to testify under oath. 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.
"The main thing with this week's hearings are the potential for massive delay," Acevedo said. "If either Willis or Wade is disqualified, to get a new (prosecuting) attorney up to speed on the case would take several months. A new attorney would have to come in, basically, at step one and start over."
A Fulton County grand jury charged former President Donald Trump and 18 others in August 2023. To date, four people have taken plea deals.
The Fulton County District Attorney's Office wants an August 2024 trial date for Trump and the 14 remaining defendants.