President Donald Trump is rumored to be planning an appearance at a contentious hearing in Atlanta, the Washington Post reported, citing two sources familiar with the matter.
The hearing, set for Thursday, will delve into allegations that Fulton County District Attorney Fani Willis engaged in an improper relationship with the lead prosecutor in the election interference case against Trump and several associates.
Earlier this month, Fani Willis and Nathan Wade both got subpoenaed to testify at Thursday’s evidentiary hearing, according to a new lawsuit filed by Trump’s RICO co-defendant Michael Roman.
Fani Willis’ office was accused of “intentionally withholding information” in a new lawsuit filed by Ashleigh Merchant, the attorney representing Trump co-defendant Michael Roman.
The subpoenas may force Fani Willis and Nathan Wade to give sworn testimony during a televised hearing this Thursday, February 15, in response to a motion filed by Michael Roman seeking to have the RICO charge dismissed as well as disqualify Willis over her romantic relationship with Wade.
Judge Scott McAfee on Monday said Fulton County District Attorney Fani Willis might be disqualified from Trump’s RICO case over her improper relationship with top Trump prosecutor Nathan Wade.
The judge also said Thursday’s evidentiary hearing on alleged misconduct ‘must occur.’
“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.
On Monday’s hearing, the attorney seeking to issue subpoenas to Fani Willis and Nathan Wade underscores the discrepancy where Wade provided two contrasting sworn declarations in different courts about his improper relationship with Willis.
“We’ve got two declarations in two different courts, both sworn and filed with the court, that say something completely different,” the lawyer said.
“We’ve got a 2023 filing under oath by Mr. Wade, stating he didn’t have a relationship. Then we’ve got a filing stating he did have one starting in 2022.” “And then, once that came about, he fixed the incorrect affidavit that was filed back in 2023. So, we definitely have a conflict judge.”
WATCH:
BREAKING: The lawyer attempting to subpoena Trump prosecutors Fani Willis and Nathan Wade highlights that Wade submitted two different sworn statements in separate courts regarding his inappropriate relationship with Willis.
In May 2023, Wade filed in divorce court… pic.twitter.com/RDEv2qyAT2
— KanekoaTheGreat (@KanekoaTheGreat) February 12, 2024
Now, sources close to the former president, who spoke on the condition of anonymity to WaPo, have indicated that Trump is set to attend the hearing despite having a scheduled appearance in New York on the same day for a pretrial conference in a separate legal matter.
Should Trump forgo his New York appearance for the Atlanta hearing, it would mark his first courtroom presence in the Georgia racketeering case since the grand jury’s indictment in August, which accused Trump and 18 others of allegedly conspiring to overturn the 2020 presidential election results in Georgia.
WaPo reported:
If Trump attends Thursday’s hearing, he would be able to watch as Willis’s personal life and professional integrity are scrutinized and questioned. His appearance would likely draw even more attention and perhaps chaos to the already highly anticipated hearing.
The former president spent part of Monday at a closed-door hearing in Florida for another one of his criminal cases — on federal charges that he improperly withheld classified documents and obstructed government efforts to retrieve them. At that hearing, Judge Aileen Cannon met separately with prosecutors and Trump and his attorneys to determine what additional classified materials should be released to Trump as part of discovery.
In Georgia, it’s unclear if the Fulton County Courthouse is prepared for a visit from the former president. A spokeswoman for the Fulton County Sheriff’s Office, which oversees the building’s security, said she was unaware of Trump’s plans. The two individuals who said Trump hopes to travel to Atlanta spoke on the condition of anonymity because they were not authorized to publicly discuss it.
Fulton County Superior Court Judge Scott McAfee, who is overseeing the case, ruled Monday that the hearing would continue over Willis’s objections because an actual conflict or appearance of one is grounds for disqualifying Willis from the case. However, McAfee said he would not entertain testimony at the hearing related to prosecutor Nathan Wade’s alleged lack of qualifications for his job, noting that it is at the discretion of the district attorney to hire anyone with “a heartbeat and a bar card.”
McAfee said the hearing would focus on whether Willis benefited financially from hiring Wade, when their romantic relationship began and whether it continues.
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