Fani Willis hits back at misconduct claims that threaten future of Trump case

“Do you think I’m on trial? These people are on trial for trying to steal an election in 2020. I’m not on trial no matter how hard you try to put me on trial,” Willis told defence lawyer Ashleigh Merchant. At another point, Willis said, “Merchant’s interests are contrary to democracy.”

Fulton County Special Prosecutor Nathan Wade testifies at the Fulton County Courthouse on Thursday. Photo: TNS

Willis is expected to return to the witness box on Friday to continue answer questions.

The probing questions for Willis and for Wade, who testified before her, underscored the extent to which the prosecutors who pledged to hold Trump accountable are themselves now under a public microscope, with revelations about their personal lives diverting attention away from Trump’s own conduct and raising questions about the future of the case as Trump vies to reclaim the White House.

The revelation of Willis and Wade’s romantic relationship has provided an opening for Trump and his Republican allies to try to cast doubt on the legitimacy of Willis’ case, which the former president has characterised as politically motivated. Other Republicans have cited them in calling for investigations into Willis, a Democrat who’s up for re-election this year.

Trump and his co-defendants have argued that the relationship presents a conflict of interest that should force Willis off the case. Wade sought to downplay the matter, casting himself and Willis as “private people”.

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“There is nothing secret or salacious about having a private life,” Wade said. “Nothing.”

Robin Yeartie, a former friend and colleague of Willis, testified earlier on Thursday that she saw Willis and Wade hugging and kissing before he was hired as special prosecutor in November 2021. Wade and Willis both testified that they did not start dating until 2022, and that their relationship ended months ago.

During personal and uncomfortable testimony that spanned hours, Wade also admitted to having sex with Willis during his separation from his estranged wife, even though he had claimed in a divorce filing that wasn’t the case.

That admission and Yeartie’s testimony together threaten to undermine the prosecutors’ credibility as they prepare for trial in the case accusing Trump and others of conspiring to overturn the 2020 presidential election results in Georgia.

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Donald Trump, 18 others indicted in Georgia for alleged bid to overturn state election results

Donald Trump, 18 others indicted in Georgia for alleged bid to overturn state election results

If Willis were disqualified, a council that supports prosecuting attorneys in Georgia would find a new lawyer to take over who could either proceed with the charges against Trump and 14 others or drop the case altogether.

Willis and Wade’s relationship was first revealed by Merchant, a lawyer for Trump co-defendant Michael Roman, a former campaign staff member and one-time White House aide. Merchant has alleged that Willis personally profited from the case, paying Wade more than US$650,000 for his work and then benefiting when Wade used his earnings to pay for holidays the pair took together.

Wade, who took the stand after the judge refused to quash a subpoena for his testimony, testified that he and Willis travelled together to Belize, Aruba and California and took cruises together, but said Willis paid him back in cash for some travel expenses that he had charged to his credit card.

“She was very emphatic and adamant about this independent, strong woman thing so she demanded that she paid her own way,” Wade said.

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Wade was pressed by defence lawyers to answer uncomfortable questions about his relationship with Willis, prompting objections from the district attorney’s office. The hearing began with lengthy sparring between lawyers over who must answer questions.

Willis’ removal would be a stunning development. Even if a new lawyer went forward with the case, it would very likely not go to trial before November, when Trump is expected to be the Republican nominee for president.

At a separate hearing in New York on Thursday, a judge ruled that Trump’s hush-money criminal case will go ahead as scheduled with jury selection starting on March 25.

Ashleigh Merchant, lawyer for Michael Roman, speaks during a hearing on the Georgia election interference case in Atlanta on Thursday. Photo: AP

In a court filing earlier this month, Willis’ office insisted that she has no financial or personal conflict of interest and that there are no grounds to dismiss the case or to remove her from the prosecution. Her filing called the allegations “salacious” and said they were designed to generate headlines.

McAfee said during a hearing Monday that Willis could be disqualified “if evidence is produced demonstrating an actual conflict or the appearance of one”.

He said the issues he wants to explore at the hearing are “whether a relationship existed, whether that relationship was romantic or non-romantic in nature, when it formed and whether it continues”.

Those questions are only relevant, he said, “in combination with the question of the existence and extent of any personal benefit conveyed as a result of the relationship”.

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