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Judge in Trump election case moves forward with misconduct hearing, saying DA’s disqualification ‘possible’ if evidence warrants

During a hearing on Monday, Fulton County Judge Scott McAfee remarked that it’s “possible” misconduct allegations against Fulton County District Attorney Fani Willis “could result in disqualification” if evidence suggests she financially benefited from the case. The judge indicated that a hearing on the matter would proceed as scheduled on Thursday.

Fani Willis, along with prosecutor Nathan Wade and other employees in the DA’s office, have been subpoenaed to testify on Thursday. This decision came after Trump co-defendant Michael Roman filed a motion seeking to dismiss the election charges against him and disqualify Willis. Roman alleged that Willis engaged in a “personal, romantic relationship” with Wade, a top prosecutor in the election case, which purportedly resulted in financial gain for both individuals.

In a subsequent court filing, Fani Willis acknowledged the relationship with Nathan Wade but denied any financial conflict of interest that would disqualify her from the case. Michael Roman accused Willis of misrepresenting aspects of the relationship, including its start date.

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Judge McAfee stated during Monday’s hearing that disqualification could occur if evidence demonstrated an actual conflict or its appearance. He emphasized the need for an evidentiary hearing to establish the facts surrounding the allegations.

Willis and Wade attempted to have Thursday’s hearing canceled and their subpoenas quashed. However, after considering arguments on Monday, the judge seemed inclined to permit testimony from some defense-subpoenaed witnesses, possibly including Willis, as the defense demonstrated a “good faith basis for relevance” for their testimony.

During the hearing, Judge McAfee expressed skepticism about quashing the subpoenas, stating, “I don’t see how quashal can be imposed here.” However, he deferred making a final decision on the matter until Thursday’s hearing, noting the necessity of live testimony and cross-examination.

The judge clarified that calling Fani Willis as the first witness was not under discussion, and certain procedural steps needed addressing beforehand.

Fulton County prosecutor Anna Cross argued for quashing the subpoenas, stating that the potential witnesses’ testimonies wouldn’t support the “wild speculation” in the defense’s motion. Cross emphasized that any costs incurred during travel shared by Wade and Willis were evenly split and did not amount to a financial conflict as alleged by the defense.

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