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Georgia prosecutor in Trump election case may have to testify at hearing

by SuperiorInvest

Fulton County District Attorney Fani Willis attends a bail revocation hearing for Harrison Floyd at the Fulton County Courthouse in Atlanta on Nov. 21, 2023.

Dennis Byron | Reuters

The judge in Georgia's criminal election case against Donald Trump appeared inclined Monday to allow a subpoena for District Attorney Fani Willis to testify at an upcoming hearing to potentially disqualify her from the case.

Fulton County Judge Scott McAfee, in a hearing, said Willis' testimony appears relevant to an attempt by Trump and some of his co-defendants to remove her from the case because of her romantic relationship with a key subordinate, Nathan Wade. . Willis named Wade special prosecutor for the Trump case.

“I don't see how you can impose a quash here,” McAfee said, using the legal term for quashing a subpoena.

But McAfee said he would postpone making a final decision on Willis' request to quash the subpoena for his testimony from one of Trump's co-defendants until another witness, Terrance Bradley, testifies Thursday at the disqualification hearing.

Bradley is Wade's former business partner.

McAfee also declined to rule on motions to quash subpoenas for Wade and other employees in Willis' office at Monday's hearing.

The judge quashed a subpoena to obtain Wade's bank records, which some of the defendants wanted to include as evidence to support their allegations that he paid for vacations with Willis while he led a team investigating and prosecuting Trump.

Ashleigh Merchant, a lawyer for Trump's co-defendant Michael Roman, told the judge: “We have the right to explore whether or not there was a personal or financial benefit to Willis's relationship and we have carefully chosen the witnesses we have called based on that. “

Merchant dismissed the idea of ​​relying on a written affidavit from Wade to determine whether he and Willis should be disqualified from the case.

“It's nothing more than rumors,” Merchant said of the affidavit.

He noted that in Wade's divorce case last year, he filed an affidavit saying he had no relationship with anyone other than his wife, but then changed that to invoke his Fifth Amendment right against disqualification.

Anna Cross, the attorney who represented Willis at the hearing, said McAfee should quash the subpoenas.

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“The defense doesn't present them with the facts. The defense doesn't present them with the law,” Cross argued. “The defense is bringing them gossip and the state can't, and the court shouldn't tolerate that.”

Trump and more than a dozen others are charged with crimes related to trying to overturn his 2020 election loss in Georgia to President Joe Biden.

Trump has pleaded not guilty in the case.

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