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The hearing to disqualify Fulton County District Attorney Fani Willis was a "total mess" Thursday morning as attorneys sparred over questions about a key witness' attorney-client privilege, legal analyst and former U.S. Attorney Harry Litman has said.
The disqualification hearing for Willis, who has charged former President Donald Trump for alleged election interference efforts following the 2020 presidential election, got off to a contentious start on Thursday. The hearing focused on Willis' relationship with Nathan Wade, a special prosecutor she hired in the case.
Litman, a Democrat who served as a U.S. attorney for Western Pennsylvania, responded to the hearing in a post to X, the social media platform formerly known as Twitter.
"Hard to see how [Judge Scott] McAfee can force a resolution here. A total mess," Litman wrote.
Context
Willis last year charged Trump in the Georgia election interference case. Trump's legal team has argued the romantic relationship between Willis and Wade should lead to her disqualification, saying the pair benefitted financially from taxpayer money. Trump maintains his innocence in the case and has accused Willis of targeting him for political purposes.
What We Know
Counsel representing Michael Roman, a co-defendant in the case, called upon testimony from Terrence Bradley, Wade's business partner—who was also his divorce attorney.
However, the hearing saw both Roman's legal team and attorneys representing Willis spar over his status as his attorney. Bradley argued that questions about the alleged romantic relationship between Willis and Wade were covered by attorney-client privilege, pointing to advice he received from the bar.
Several questions raised by Ashleigh Merchant, the attorney representing Roman, were met with objections from the state, who argued that privilege would prevent Bradley from divulging key details about that relationship.
Ultimately, attorneys agreed to come back to those questions later and instead hear from a former friend of Willis, Robin Yeartie, who also previously worked as an employee at the DA's office.
Views
Other legal experts have weighed in on the hearing.
"The attorneys for Wade and Bradley have the stronger argument for privilege here. As the attorney for Mr. Bradley noted, there isn't a blanket claim to Bradley need not testify but that for anything relating to a relationship has a direct implication in divorce litigation," posted Anthony Michael Kreis, a Georgia State University College of Law professor.
"Wow like other Trump lawyers Merchant having trouble with basic evidence issues like laying foundation and also not understanding hearsay," former federal prosecutor Shanlon Wu wrote.
What's Next
The testimony was set to continue Thursday, and potentially Friday, as Judge McAffee will ultimately rule on whether Willis should be disqualified from prosecution on the Trump case. If Willis is removed from the case, it would not be dismissed. Instead, another district attorney, or potentially Attorney General Christopher M. Carr, a Republican, could take over the prosecution.
Newsweek has reached out to Merchant and the Fulton County District Attorney's office for comment.
Update 2/15/2024 10:56 a.m. ET: This article was updated with additional information.
About the writer
Andrew Stanton is a Newsweek weekend reporter based in Maine. His role is reporting on U.S. politics and social issues. ... Read more