Decision on Fani Willis disqualification hearing in Trump's Georgia case expected this week

FULTON COUNTY, Ga. - The judge overseeing Georgia's election interference case against former President Donald Trump could rule any day on whether to remove Fulton County District Attorney Fani Willis from the case over her romantic relationship with a special prosecutor.

After several days of extraordinary testimony, Superior Court Judge Scott McAfee heard arguments over whether Willis’ relationship with special prosecutor Nathan Wade amounts to a conflict of interest that should force them off one of four criminal cases against the former president.

At the end of the hearing, McAfee said that there are "several legal issues to sort through, several factual determinations that I have to make," adding that he "will be taking the time to make sure that I give this case the full consideration it’s due."

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Since then, multiple defense attorneys have asked the judge to allow two more witnesses to testify, saying that the witnesses dispute the statement by Willis and Wade that their relationship began in 2022.

In their motion filed on behalf of co-defendant David Shafer, attorneys want to present the testimony of attorney Cindi Lee Yeager, a co-chief deputy district attorney for Cobb County, who claims she had "numerous" in-person conversations with Terrence Bradley in which he alleged he had "personal knowledge" of Willis and Wade's relationship.

Defendant Cathy Latham has also filed a notice claiming that Manny Arora, who is a former adjunct professor at Georgia State School of Law, would also be able to provide testimony about conversations with Bradley.

According to the notice, Arora had "several" conversations with Bradley about the relationship between Willis and Wade between September and October 2023. 

Wills-Wade conflict of interest allegations

McAfee is deliberating over arguments that Willis' relationship with special prosecutor Nathan Wade presents a conflict of interest, potentially jeopardizing the integrity of one of the four criminal cases against Trump. 

Critics argue that the relationship undermines public confidence in the prosecution, while Willis' office counters that there is no evidence of professional or financial impropriety stemming from their personal connection.

The case has been marked by days of sensational testimony, focusing as much on the prosecutors' personal lives as on the allegations of election interference. 

The defense has accused Willis and Wade of dishonesty regarding the timeline of their relationship, raising concerns about the message their continued involvement in the case might send. 

This comes amid a backdrop of the former president and his allies using the situation to cast doubt on the legitimacy of the charges.

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Willis' potential removal could significantly impact the sprawling legal battle against Trump, though it wouldn't automatically lead to the dismissal of charges. 

The proceedings have ventured into unexpected areas, including testimony from prominent political figures and discussions about personal vacations, highlighting the unusual nature of this legal challenge.

DA Fani Willis disqualification hearing: Legal perspective

With the 2024 presidential election approaching, the timing of the trial and its implications for Trump's candidacy loom large.

Darryl Cohen, a former Fulton County prosecutor, says it’s unclear if Judge McAfee will remove Willis from the case. "I put it at 50/50," Cohen said. "He has enough to keep her and enough to get rid of her."

"The defense has discredited her, she is certainly now under a microscope," Cohen said, adding that could hurt Willis in the minds of some potential jurors if she remains on the case. "Certainly, it could. Jurors don’t live under a rock," Cohen said.

Tom Church, a trial lawyer, says he doesn’t believe defense lawyers met the standard to get Willis removed. "I don’t think Fani Willis and her office are going to be disqualified. Ultimately, the judge is going to deny the motion," Church said. "They didn’t get the kind of bombshell testimony that they needed to win. But they did land some hard blows."

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Church doesn’t think defense lawyers’ attempts to discredit Willis will taint her image with potential jurors. "Is there always a risk? Possibly," Church said. "With some time, with some distance from these salacious hearings, there will be more attention to the actual facts of this case."

If McAfee removes Willis from the case, it will go to what’s called the Prosecuting Attorney’s Council of Georgia. They would decide which DA would be handed the election interference case.

It is unclear how a new prosecutor would handle it if that happens.

Attorneys running to unseat Fani Willis in Fulton County

In the last week, two attorneys have announced that they are running to unseat Willis as Fulton County district attorney.

Attorney Christian Wise Smith, a former prosecutor for the county and Atlanta city solicitor, announced on the social media platform X on Friday that he has qualified to run against Willis in the Democratic primary.

Smith previously lost to Willis in the 2020 election for the position.

Attorney Courtney Kramer, a Republican who said she previously worked for Trump's legal team, has also said she's running.

Willis filed her paperwork to run for reelection last week as well, telling reporters that her "heart is still in this work."

The Associated Press contributed to this report.