Judge confirms hearing on relationship between Trump prosecutors

ATLANTA (CN) — The state judge overseeing the election interference case against former President Donald Trump turned down a request from prosecutors on Monday to cancel a hearing set to discuss claims of an “improper” relationship between them.

During a hearing, Fulton County Superior Court Judge Scott McAfee rejected the Fulton District Attorney Fani Willis’ efforts to quash subpoenas seeking testimony from her and eight others who work in her office, including her special prosecutor Nathan Wade.

“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 said.

McAfee said the hearing is necessary to establish “whether a relationship existed, whether that relationship was romantic or non-romantic in nature, when it formed and whether it continues.” But he only wants to determine if any personal benefits had been given or received as a result of the relationship.

The judge scheduled the evidentiary hearing for Feb. 15, after Trump’s co-defendant Mike Roman filed a motion asserting several claims against Willis and Wade, who she hired to aid in the election interference case. Roman seeks to disqualify Willis and her office from prosecuting the case and to drop the seven criminal charges against him. Five other defendants in the sprawling racketeering case also joined in the efforts, including Trump and his former personal attorney Rudy Giuliani.

In his first public comments about the allegations since they arose last month, McAfee said that he would focus the hearing on whether Willis has any conflicts of interest or not. He has set aside the following day as well to continue hearing evidence and testimony if needed.

Roman argues Wade is not qualified for the position and that Willis hired him because the two had been “romantically involved.” He claims that travel receipts for personal trips Wade purchased for himself and Willis suggest they are “enriching themselves,” from the case.

Representing Willis and her office, attorney Anna Cross asked the judge to quash their subpoenas and that the defendants were bringing him “gossip.”

McAfee said he would not spend time at the hearing discussing Wade’s credentials or specifics about the hiring process of a special prosecutor.

However, he said that Roman’s attorney Ashleigh Merchant will be allowed to question Wade’s former law partner Terrence Bradley, who represented Wade in his divorce case. Merchant claims that Bradley can give more information as to when Willis and Wade’s relationship began.

McAfee said that he would wait until after Bradley testifies to determine whether quash the subpoenas for the district attorney and other witnesses, as prosecutors are rarely forced to answer questions under oath.

This month, Willis and Wade confirmed a “personal relationship” but that it did not develop until after Wade was appointed as special prosecutor in the case. Willis argued that personal relationships among lawyers, even on opposing sides of litigation, “do not constitute impermissible conflicts of interest” and noted counsel for defendant Jenna Ellis are married law partners who have been working together throughout the proceedings.

Merchant said she wants to call Wade’s father, John Clifford Floyd III, to testify remotely from California. She suggested that he could speak on her claims that Wade lived with Willis at one point.

Cross disputed those claims, telling the judge that during the hearing “the state will establish, unequivocally, there was no cohabitation,” Cross said. “They never lived together.”

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