Fulton County District Attorney Fani Willis attends a Harrison Floyd bond revocation hearing on the Fulton County Courthouse in Atlanta on Nov. 21, 2023.
Dennis Byron | Reuters
The judge in the Georgia election prison case in opposition to Donald Trump appeared inclined Monday to permit a subpoena for testimony from District Attorney Fani Willis at an upcoming hearing to doubtlessly disqualify her from the case.
Fulton County Judge Scott McAfee, at a hearing, stated that Willis’ testimony seems related to a bid by Trump and a few of his co-defendants to take away her from the case due to her romantic relationship with a key subordinate, Nathan Wade. Willis appointed Wade as particular prosecutor for the Trump case.
“I do not see how quashal could be imposed right here,” McAfee stated, utilizing the authorized time period for voiding a subpoena.
But McAfee stated he would maintain off on making a last ruling on Willis’ request to void the subpoena for her testimony from one among Trump’s co-defendants till after one other witness, Terrance Bradley, testifies Thursday on the disqualification hearing.
Bradley is Wade’s former enterprise companion.
McAfee additionally held off on ruling on motions to quash subpoenas for Wade, and different staff of Willis’ workplace at Monday’s hearing.
The judge did quash a subpoena for Wade’s financial institution information, which a number of the defendants needed to enter into proof to help their allegations that he paid for holidays with Willis whereas he was heading a group investigating and prosecuting Trump.
Ashleigh Merchant, a lawyer for Trump’s co-defendant Michael Roman, advised the judge, “We have a proper to discover whether or not or not there was a private or monetary profit to Willis’s relationship and we’ve rigorously chosen the witnesses that we’ve subpoenaed based mostly on that.”
Merchant dismissed the thought of counting on a written affidavit by Wade in figuring out whether or not Willis and he ought to be disqualified from the case.
“It’s nothing greater than rumour,” Merchant stated of the affidavit.
She famous that in Wade’s divorce case final yr he filed an affidavit saying he didn’t have a relationship with anybody apart from his spouse, however later modified that to invoke his Fifth Amendment proper in opposition to disqualification.
Anna Cross the lawyer who represented Willis on the hearing, stated McAfee ought to quash the subpoenas.
“The protection is just not bringing you details. The protection is just not bringing you regulation,” Cross argued. “The protection is bringing you gossip and the state can not, And the court docket shouldn’t condone that.”
Trump and greater than a dozen others are charged with crimes associated to attempting to overturn his 2020 election loss in Georgia to President Joe Biden.
Trump has pleaded not responsible in the case.