On 28 Sep 2021, RichA <***@gmail.com> posted some news:sivmoi$3j6$***@news.dns-netz.com:
The judge overseeing former President Donald Trump's Georgia election
interference case says that it's "possible" misconduct allegations leveled
against Fulton County District Attorney Fani Willis "could result in
disqualification" if evidence shows she financially benefited from the
case, and that a hearing on the matter will proceed as scheduled on
Thursday.
Fulton County Judge Scott McAfee made the remarks during a hearing Monday
to determine whether Willis, prosecutor Nathan Wade, and others will have
to testify Thursday during a hearing the judge had scheduled to hear
arguments on the matter.
Wills and Wade, along with a number of employees in the DA's office, have
been subpoenaed to testify Thursday by Trump co-defendant Michael Roman,
who last month filed a motion seeking to dismiss the election charges
against him and disqualify Willis on the grounds that she allegedly
engaged in a "personal, romantic relationship" with Wade, one of her top
prosecutors in the election case, which allegedly resulted in financial
gain for both of them.
A subsequent court filing from Willis admitted to the relationship but
denied that there was any financial conflict of interest that would
disqualify her from the case. Roman then accused the DA of misrepresenting
in that filing aspects of the relationship, including when it began.
"I think it's clear that disqualification can occur if evidence is
produced demonstrating an actual conflict or the appearance of one," Judge
McAfee said in Monday's hearing. "The state has admitted a relationship
existed. And so what remains to be proven is the existence and extent of
any financial benefit, again if there even was one. And so because I think
its 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."
"I think 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. And that's only relevant because it's in
combination with the question of the existence and extent of any personal
benefit conveyed as a result of their relationship," the judge said.
Willis and Wade had sought to have the Thursday hearing canceled and their
subpoenas to testify quashed. However, after hearing arguments Monday, the
judge appeared inclined to permit testimony from at least some witnesses
subpoenaed by the defense, including potentially Willis, saying that the
defense was able establish a "good faith basis for relevance" for their
testimony.
"I don't see how quashal can be imposed here," McAfee said of the
subpoenas.
The judge, however, declined to issue a final ruling on the issue, saying
he would defer the matter until Thursday's hearing.
"I don't see how I can make that determination on the front end without
live testimony subject to cross-examination," Judge McAfee said. "With
each one of these witnesses, I would defer the ruling until we get further
into the hearing itself."
Regarding the district attorney, the judge said, "We're not talking about
calling Ms. Willis as the first witness, and we need to get over a few
procedural hurdles before we can get there."
In her arguments before the court, Fulton County prosecutor Anna Cross
urged the judge to quash the subpoenas. While she acknowledged that the
state has not interviewed the potential witnesses, Cross said, "What they
would say they would not in any way support the wild speculation that was
included in this motion."
Cross said that any of the costs incurred when Wade and Willis traveled
together were evenly split and do not present a financial conflict as the
defense alleges.
"This is a serious case. These are serious charges," Cross said, later
adding, "The defense is bringing you gossip ... and the court should not
condone that practice."
An attorney for Roman pushed back, telling the judge that the witnesses
have information that is "relevant" to the allegations.
Attorney Ashleigh Merchant said Willis and Wade have the "most relevant"
information and that a former Wade business associate has information that
Willis and Wade's personal relationship "predated" Wade being hired on the
case, which would contradict the DA's filing.
"He has firsthand knowledge that this relationship predated" Wade being
hired, Merchant said of the associate, Terrence Bradley.
Cross responded that she would be "shocked" if Merchant was able to prove
that, and that she doesn't "believe that's true."
"The evidence would be that the timeline that's being represented is
either mistaken
or simply fabricated," Cross said.
In an earlier filing, Willis' office asked the judge to quash the
subpoenas to her, Wade, the DA's office employees, and Wade's business
associate, calling the effort "harassment and disruption." She has also
asked the judge to cancel the upcoming evidentiary hearing altogether.
Willis has argued there is "no factual basis" that "could reasonably
justify requiring" her and a number of her employees to become witnesses
in the case, and accused Roman of "an attempt to conduct discovery in a
(rather belated) effort to support reckless accusations."
"Harassment and disruption of this type should not be entertained," the
filing said.
Wade also filed a motion seeking to quash a subpoena for his bank records,
and a former DA's office employee is also seeking to quash a subpoena
issued to her.
Trump has joined in on the effort to disqualify Willis and dismiss his
charges, accusing the DA of violating her office's ethics obligations with
statements she made at a church in the wake of the allegations.
Trump, Roman, and 17 others pleaded not guilty in August to all charges in
a sweeping racketeering indictment for alleged efforts to overturn the
results of the 2020 presidential election in the state of Georgia.
Four defendants in the case subsequently took plea deals in exchange for
agreeing to testify against other defendants.
https://abcnews.go.com/US/fulton-county-hearing-fani-willis-nathan-wade-
testify/story?id=107151886
