ATLANTA — On Friday, Donald Trump’s legal representative, Steve Sadow, presented an argument to a Georgia judge, suggesting that the lead prosecutor in the case against the former U.S. president should be disqualified. The reason for this request was an alleged undisclosed affair with a top deputy, which the prosecutor may have lied about in court.
Sadow argued that Fulton County District Attorney Fani Willis’ sworn statement that her relationship with special prosecutor Nathan Wade only began after his employment was not believable. He stated, “The moment there’s a hint of impropriety… Georgia law is unequivocal: That’s sufficient grounds for disqualification.”
However, Prosecutor Adam Abbate refuted this claim, stating that three days of evidentiary hearings produced “no evidence” that Willis’ relationship infringed on the defendants’ constitutional rights to a fair trial. “For this reason, the disqualification motions should be rejected,” Abbate argued.
Judge Scott McAfee, after the hearing, expressed his intention to deliver a ruling within a fortnight, but did not hint at his potential decision.
Trump, who is currently leading the race for the 2024 Republican presidential nomination, along with others, is charged with unlawfully pressuring Georgia officials to reverse his 2020 election defeat in the state to President Joe Biden. Trump and his 14 co-defendants have all pleaded not guilty.
A ruling in favor of Trump and his allies could further complicate an already intricate racketeering case that may have a lengthy journey to trial. If Willis is disqualified, it would not necessarily terminate the case, as she could be replaced by another district attorney. However, this could cause significant delays, and a new prosecutor might narrow the charges or decide not to proceed with the case.
The final arguments before McAfee on Friday came after a series of evidentiary hearings where Willis admitted to having an affair with Wade but accused a defense lawyer of lying about the timing and nature of their relationship.
The affair was initially disclosed in a January filing by a lawyer for Michael Roman, who argued that it constituted a conflict of interest and unjustly benefited Wade. Willis and Wade testified that their relationship only started after Wade’s employment, and prosecutors have argued that the relationship is irrelevant to the case as it did not harm the defendants.
Defense lawyers have accused the prosecutors of lying to the court, alleging that the relationship began before Wade’s employment. In court documents filed last week, Trump’s lawyer referenced location data from Wade’s cellphone, suggesting he made numerous late-night visits to Willis’ home before his appointment.
Trump is also facing indictments in three other state or federal criminal cases. He is scheduled to stand trial on March 25 in New York in a case accusing him of illegally concealing hush money payments to a porn star. This could be the only trial he faces before the November election.
Trump has also been charged in Washington over his attempts to reverse his 2020 election loss, but that case is on hold until the U.S. Supreme Court decides whether he is immune from prosecution for actions taken while in office. He is also under indictment in Florida over his handling of classified documents upon leaving office. The judge overseeing that case held a hearing on Friday on Trump’s bid to move his May 20 trial date.
Trump has pleaded not guilty in all these cases and claims they are part of a politically motivated scheme to undermine his bid for office. If he wins the presidency, Trump could use his presidential powers to end the Washington and Florida cases because they were brought in federal court. However, he would not have the power to halt the Georgia case as it was brought in state court.
Disagree. This seems like a clear conflict of interest.
Disagree. This is a blatant attempt to obstruct justice.
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