HAPPENING NOW: Judge McAfee is set to hear argument on several motions to quash subpoenas ahead of Thursday's hearing on whether Fulton County district attorney Fani Willis should be disqualified from prosecuting Trump & others.
Watch live:
Watch live:
Six motions to quash have been filed, per Judge McAfee.
The individuals who moved to quash include:
(1) DA Fani Willis & several members of her staff
(2) Special prosecutor Nathan Wade
(3) Robin Yeartie, a long-time Willis associate
(4) Wade's law partner, Chris Campbell
The individuals who moved to quash include:
(1) DA Fani Willis & several members of her staff
(2) Special prosecutor Nathan Wade
(3) Robin Yeartie, a long-time Willis associate
(4) Wade's law partner, Chris Campbell
McAfee sets out what he thinks is relevant to the disqualification inquiry:
- Whether relationship existed
- Was it romantic
- When it formed
- Whether it continues
Those questions are relevant only insofar as they relate to alleged personal benefit had in the prosecution..
- Whether relationship existed
- Was it romantic
- When it formed
- Whether it continues
Those questions are relevant only insofar as they relate to alleged personal benefit had in the prosecution..
McAfee continues that some issues raised in defense motions are not relevant, including:
- Wade’s experience
- Alleged lack of experience handling RICO cases
- Alleged violations of Fulton County regulations/municipal code
- Allegations of “forensic misconduct” by DA Willis
- Wade’s experience
- Alleged lack of experience handling RICO cases
- Alleged violations of Fulton County regulations/municipal code
- Allegations of “forensic misconduct” by DA Willis
McAfee starts with the motion to quash filed by Anna Cross on behalf of DA Willis and members of the DA's prosecution team.
Mike Roman's attorney, Ashleigh Merchant, subpoenaed 9 members of DA's staff
Mike Roman's attorney, Ashleigh Merchant, subpoenaed 9 members of DA's staff
Of all the witnesses subpoenaed, Cross says, there will be no witness who would dispute the affirmations in the Wade affidavit previously filed by the state.
The defense is bringing you gossip..and the court should not condone that, Cross says.
The defense is bringing you gossip..and the court should not condone that, Cross says.
Merchant, on behalf of Mike Roman, says there are disputed issues of fact.
She says Wade filed pleadings in his divorce case that he did not have relationship w/ anyone else during his marriage...Wade subsequently updated those interrogatories & pleaded the Fifth, per Merchant.
She says Wade filed pleadings in his divorce case that he did not have relationship w/ anyone else during his marriage...Wade subsequently updated those interrogatories & pleaded the Fifth, per Merchant.
Merchant addresses why she has subpoenaed various witnesses.
She says Wade's former law partner/former attorney, Terrence Bradley, can testify to disputed questions of fact regarding when the relationship started and whether people on the DA's team knew of the relationship.
She says Wade's former law partner/former attorney, Terrence Bradley, can testify to disputed questions of fact regarding when the relationship started and whether people on the DA's team knew of the relationship.
Cross responds for the DA: “I would be shocked if Ms. Merchant is able to support that statement…I don’t believe it’s true.”
At Thursday's hearing, the state will establish that Wade & Willis never cohabitated and that the relationship did not begin before 2022, Cross says.
At Thursday's hearing, the state will establish that Wade & Willis never cohabitated and that the relationship did not begin before 2022, Cross says.
Cross asks McAfee to defer ruling on the motions to quash subpoenas to Willis and members of her team.
She says Merchant should first be required to establish sufficient basis for those subpoenas based on testimony from her witness, Bradley.
McAfee agrees to defer ruling.
She says Merchant should first be required to establish sufficient basis for those subpoenas based on testimony from her witness, Bradley.
McAfee agrees to defer ruling.
Now Andrew Evans, for Nathan Wade, addresses Wade's motion to quash subpoenas for bank records related to his law practice.
He says they are overly broad, irrelevant.
Merchant replies that they are relevant bc Wade used law firm money to pay for trips he took w/ Willis.
He says they are overly broad, irrelevant.
Merchant replies that they are relevant bc Wade used law firm money to pay for trips he took w/ Willis.
Before wrapping up on the motions to quash, McAfee asks if there are any remaining issues.
Cross, on behalf of DA's office, asks McAfee if a witness for the state can testify via Zoom on Thursday.
The witness? John Floyd, the district attorney's father.
Cross, on behalf of DA's office, asks McAfee if a witness for the state can testify via Zoom on Thursday.
The witness? John Floyd, the district attorney's father.
For her part, Merchant, on behalf of Mike Roman, tells Judge McAfee that Nathan Wade has refused service of subpoenas issued for his testimony.
McAfee instructs counsel in attendance to confer together ahead of Thursday to streamline argument and presentation of witnesses.
Then Steve Sadow stands up in the gallery and announces that he has an "unrelated matter" to take up with the court ex parte in chambers.
Then Steve Sadow stands up in the gallery and announces that he has an "unrelated matter" to take up with the court ex parte in chambers.
Bottom line: Thursday’s disqualification hearing will proceed, despite DA’s insistence that McAfee cancel it.
It’s TBD which witnesses—including Fani Willis—will be compelled to testify.
McAfee deferred ruling on many motions to quash until after Terrence Bradley testifies.
It’s TBD which witnesses—including Fani Willis—will be compelled to testify.
McAfee deferred ruling on many motions to quash until after Terrence Bradley testifies.
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