The judge presiding over the Georgia election subversion case against Donald Trump and several co-defendants said Monday that the district attorney who brought the case could be disqualified if she financially benefitted from a personal relationship with her lead prosecutor on the case.
A hearing is set for Thursday on motions to disqualify Willis based on allegations that Fulton County District Attorney Fani Willis and Nathan Wade, the special prosecutor she hired, engaged in an improper romantic relationship that amounted to a conflict of interest. Trump and his co-defendants are also seeking to get the entire case dismissed.
“I think it’s clear that disqualification can occur if evidence is produced demonstrating an actual conflict or an appearance of one,” Judge Scott McAfee said during a hearing on Monday over subpoenas that defense attorneys have issued for Thursday’s dismissal hearing.
“The state has admitted a relationship existed,” McAfee said. “So what remains to be proven is the existence and extent of any financial benefit, again if there even was one. Because I think it’s possible that the facts alleged by the defendant could result in disqualification. I think an evidentiary hearing must occur to establish the record on those core allegations.”
McAfee was clear, however, that Thursday’s hearing would be limited in scope, noting that not all of the issues raised by defense attorneys over Wade and Willis are relevant.
“The issues at point here are whether a relationship existed, whether that relationship was romantic or non-romantic in nature, when it formed and whether it continues,” McAfee said. “And that’s only relevant because it’s in combination with the question of the existence and extent of any benefit conveyed as a result of their relationship.”
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