Fulton County District Attorney Fani Willis is under scrutiny for a relationship with the lead prosecutor in the Georgia election interference case against Donald Trump and 19 others. File Photo by Dennis Byron/EPA-EFE
March 1 (UPI) — The judge in the Georgia election interference case against Donald Trump and 19 others said Friday he hopes to rule within two weeks on whether the district attorney and lead prosecutor in the case should be ousted.
“It’s been very much made clear by the argument made today that there are several legal issues to sort through, several factual determinations I have to make,” Superior Court Judge Scott McAfee said after closing arguments in Atlanta.
“Those aren’t ones I can make at this moment.”
Deputy District Attorney Adam Abbate, arguing for the prosecution, said the hearing was meant to embarrass Fulton County District Attorney Fani Willis and lead prosecutor Nathan Wade and “fish” for a means to disqualify them.
An attorney for Trump co-defendant Michael Roman argued the two appear to have a conflict of interest, saying they benefited professionally and financially from their romantic relationship.
Trump, Roman and 18 others are charged with a vast conspiracy to overturn the 2020 presidential election in Georgia.
At Friday’s hearing, Wade was seated at the prosecution’s table when the hearing began and Willis entered the courtroom as the prosecution began its closing argument.
Attorney John Merchant, representing Roman, said, “We can demonstrate an appearance of conflict of interest and that is sufficient,” citing other Georgia cases.
As for what the appearance of a conflict of interest is, Merchant said, “You know it when you see it.
“If this court allows this kind of behavior to go on and allows district attorneys across the state to engage in these types of activities, public confidence in the system will be shot,” he said.
Merchant’s wife, Ashleigh Merchant, has represented Roman in earlier hearings. Their Merchant Law Firm is based in Marietta, Ga. John Merchant went on to take issue with Abbate calling his wife a liar during a previous hearing.
John Merchant added that the defense has presented facts that fit into two categories of disqualification: conflict of interest and forensic misconduct. Forensic misconduct includes false testimony. The defense has alleged Willis and Wade gave false testimony about when their romantic relationship began.
Willis and Wade testified that their relationship began in the spring of 2022. Lawyers for the defendants have attempted to prove the relationship started before November 2021.
Abbate said the defense failed to show any evidence to prove its claims. He specifically honed in on the testimony of Wade’s divorce attorney, Terrence Bradley, and former district attorney’s office staffer Robin Yeartie. Abbate described Bradley as “disgruntled” and called Yeartie’s testimony “at best, inconsistent.”
“You heard from [Bradley’s] own testimony here, sitting before the court. All he did was speculate,” Abbate said. “Mr. Bradley impeached no one.”
Willis appointed Wade to lead the prosecution of the case. During testimony, it was revealed that Wade was not Willis’ first choice. She first asked former Georgia Gov. Roy Barnes to lead the case, but he declined.
Willis and Wade took the stand for hours-long testimony on Feb. 15. Willis’ father, John Floyd III also testified.