Prosecutor Fani Willis was hoping to avoid a hearing on Thursday over the bid to disqualify her from the 2020 election interference case in Georgia. That evidentiary hearing will apparently go forward, though it won’t necessarily result in the Fulton County district attorney and her office being kicked off the case. It depends on how the proceeding unfolds.
The prospect of disqualification arose when Donald Trump co-defendant Mike Roman alleged improprieties stemming from Willis’ alleged romantic involvement with special prosecutor Nathan Wade, who was hired by her office for the historic case. Given that dramatic backdrop, it’s possible to miss what the actual issues are that could upend the prosecution. On Monday, at a hearing over subpoenas and who might have to testify at the evidentiary hearing, Judge Scott McAfee gave some insight into the relevant inquiry.
The judge, who’s presiding over Trump’s criminal case in Georgia, said the questions to be resolved include whether a relationship between Willis and Wade existed, whether it was romantic and whether it continues. Importantly, it’s not just the question of the relationship itself but the extent of any financial benefit gained due to the relationship. McAfee said the facts alleged by Roman could result in disqualification; that doesn’t mean he’s going to rule against Willis and her office, but an evidentiary hearing is needed to resolve disputed issues.
In a recent written response that Willis had hoped would lead the judge to dismiss the allegations without needing a hearing, Wade filed an affidavit stating that the two didn’t have a personal relationship before he was hired but that they did afterward. Roman’s defense lawyer has said she has information contesting the state’s portrayal, so Thursday’s hearing — which could stretch into Friday — may shed more light on the specifics of the relationship and, crucially, the extent to which it might have netted an improper financial benefit and created a conflict of interest.
It’s still unclear who exactly will testify at the hearing — including Willis or Wade themselves — or when, as well as what the judge will allow lawyers to ask them. A key defense witness will apparently be Terrence Bradley, who worked with Wade and represented him in his divorce case. Bradley’s testimony may dictate who else testifies and to what extent — and how McAfee ultimately resolves the matter.
Notably, if Willis is disqualified, that wouldn’t necessarily mean that the case itself would go away, but it could lead to another office handling it. At the very least, that could prompt further delay in an already complex case that doesn’t even have a trial date yet. Such drastic consequences are a bit premature to contemplate, but they highlight the stakes.
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