The state argued that Trump's team didn't provide sufficient notice of their intention to introduce the phone records through expert testimony.
Trump, however, says the prospective witness, Charles Mittelstadt, would not testify as an expert--he would just summarize the data.
Trump also argues that the cell phone data is admissible as "extrinsic impeachment" evidence and as relevant substantive evidence.
Specifically, Trump says, the cell phone records tend to show that the romantic relationship between Willis and Wade began before they say it did.
As for the state's suggestion that the cell phone data was obtained unlawfully, Trump's attorney, Steve Sadow, writes in a footnote that the claim is "patently frivolous."
"The records were obtained by valid subpoena issued to AT&T," according to the filing.
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I'm in courtroom 5A, where Terrence Bradley--the former divorce attorney for special prosecutor Nathan Wade--is expected to resume his testimony as Judge Scott McAfee mulls whether to disqualify Fulton County District Attorney Fani Willis. 🧵👇
Judge McAfee kicks off w/ a summary of why we're here:
After meeting w/ Bradley in private, I found that neither Wade nor Bradley carried their burden of establishing that attorney-client privilege applied wrt whether there was a relationship btween Willis and Wade.
Merchant, for Mike Roman, starts us off, asking Bradley about the timing of the relationship between Willis and Wade.
He says he has no knowledge of when the relationship began.
Merchant, on behalf of Roman, begins by asking him about communications that she says she had with Bradley in the fall of 2023.
She has text messages that she says she exchanged w/ Bradley around that time.
Merchant: Did I text you asking if I could get an affidavit about the affair [between Wade and Willis]? And you said "No, no one would freely burn that bridge?"
Nathan Wade says that he didn't date anyone in 2020 because he was battling cancer.
He re-affirms his testimony that they didn't begin dating until 2022.
Wade: "2022 was the start of any intimate, sexual relationship with the district attorney."
NEWS: Defense counsel in Fulton County have called district attorney Fani Willis to testify at hearing on whether she should be disqualified from prosecuting Trump and others.
The district attorney's office objects. McAfee is hearing argument on the matter now.
NEW THREAD: I'm in court observing the evidentiary hearing on whether district attorney Fani Willis should be disqualified from prosecuting Trump and others.