ATLANTA — Fulton County District Attorney Fani Willis did not testify on the second day of hearings, but the timeline of her relationship with special prosecutor Nathan Wade was a key focus of Friday's proceedings as the judge weighs efforts to disqualify her from the 2020 election interference case over alleged misconduct.
Willis' father, John C. Floyd III, testified that he did not meet Wade until 2023 and that he learned of their relationship only weeks ago. The state also called former Georgia Gov. Roy Barnes, an attorney who was first offered the special prosecutor role, to prove that Wade was not her first choice to lead the Trump case.
Terrence Bradley, a former law partner and friend of Wade, repeatedly refused to answer questions about the relationship on the stand, citing attorney client privilege. Bradley previously represented Wade during his Cobb County divorce.
However, Bradley may be forced to answer these questions at a later date after Fulton County Superior Court Judge Scott McAfee expressed doubt that Bradley was properly using the privilege.
Under cross-examination from the Fulton County District Attorney's Office, Bradley said he left the law firm after he was accused of sexually assaulting an employee. Earlier in the day, Bradley said he didn't have to disclose why he left the firm because it was related to the divorce case and protected under the privilege.
McAfee will review sensitive information, and it could result in new evidence being admitted.
Trump codefendant Mike Roman and eight others seek to have Willis removed because they allege she financially benefited from an improper romantic relationship with her appointed special prosecutor Nathan Wade.
The defendants, including former President Donald Trump, allege that Wade used money he received from the election case to pay for trips that he and Willis took.
RELATED: DA Fani Willis takes the stand in heated testimony | What to know
Wade and Willis have admitted to a romantic relationship but deny allegations that taxpayer funds were misused. Both Wade and Willis spent hours on the stand Thursday.
Here's what happened in court Friday.
Live Fani Willis testimony updates
Friday, Feb. 16
4:25 p.m. | Friday's arguments are finished. Further hearings regarding other allegations against Willis will be scheduled for a later date.
4:05 p.m. | Bradley previously said why he left the firm was privileged. Cross: "Yes, he lied," when asked by McAfee about the exchange earlier in the day. McAfee has concerns that Bradley has been improperly claiming privilege. The in-chamber review of Bradley's communications is incredibly important.
3:58 p.m. | Special prosecutor Anna Cross is now cross-examining Bradley. Bradley testified that he left the law firm after he was accused of sexually assaulting an employee. Bradley said he did not sexually assault anyone.
3:08 p.m. | There's been a lot of difficult and slow back and forth between Bradley and defense attorneys. Steve Sadow, Trump's attorney, just finished questioning him. Bradley said he left law firm over disagreement related to representing Wade in divorce case. It isn't related to Willis. Defense attorneys want McAfee to review documents to determine if Wade lied in court.
Bradley says he did tell Merchant that the disqualification motion she filed "looks good." Merchant made the allegations about Wade and Willis' relationship in the filing.
2:00 p.m. | Judge Scott McAfee says he wants to speak with Bradley and his attorneys in chambers later to discuss any communication he had with Wade about the relationship. However, McAfee finds no crime-fraud exception to attorney client privilege here. Defendants allege that Wade lied about the beginning of the relationship, but didn't prove that Bradley was part of that alleged lie. Wade also hasn't waived attorney client privilege. That limits Merchant's questioning about the relationship.
1:39 p.m. | Bradley's attorney objects to questions about when Wade and Willis began their relationship, citing attorney client privilege because Bradley representing Wade in his Cobb County divorce. Bradley began representing Wade in December 2018. After back and forth, Bradley says he has "no personal knowledge" if relationship began in 2019 — well before Wade was appointed special prosecutor.
1:05 p.m. | After an hour long afternoon break, court has resumed. The state plans to call no other witnesses. Ashleigh Merchant, Roman's attorney, calls Terrence Bradley to the stand. Bradley is a former law partner and friend of Wade. He briefly represented Wade during Cobb County divorce proceedings.
11:59 a.m. | Floyd, Willis' father, testified that Wade never visited a home she owned in South Fulton. Floyd moved to the home in the spring or summer of 2019, and he moved out in December 2022. Willis moved out in early 2021 due to death threats.
Willis was dating someone between 2019 and 2020, but it was not Wade, Floyd said. Ashleigh Merchant, attorney for Trump codefendant Mike Roman, alleges Wade and Willis regularly stayed together at the home until Floyd moved in.
Floyd testified that Willis did not tell him about her relationship with Wade in 2022.
11:22 a.m. | Barnes' testimony has ended. Special prosecutor Anna Cross is now calling John C. Floyd III, Willis' father. He is on the stand.
11:03 a.m. | Barnes is discussing why he turned down the special prosecutor position. He says he was approached sometime in 2021. He met with Willis and Nathan Wade in Atlanta on Oct. 26, 2021.
"I have mouths to feed at a law office," Barnes said. "...I wasn't going to live with bodyguards for the rest of my life."
10:51 a.m. | Court is back in session. Bradley is not present. The state is moving forward with another witness. Special prosecutor Anna Cross called former Georgia governor Roy Barnes. Barnes, an attorney, was approached about becoming a special prosecutor before Nathan Wade was selected.
9:15 a.m. | The court is in recess as attorneys wait for witness Terrence Bradley to arrive. Bradley, who testified yesterday, is a former law partner and friend of Wade. Bradley is at a doctor's appointment. During yesterday's hearing, Bradley said he was not happy to be there. Bradley is attempting to use attorney client privilege to prevent answering a number of questions. Bradley previously represented Wade in his Cobb County divorce case.
9:10 a.m. | Willis was not cross-examined by Fulton County special prosecutor Anna Cross. Her testimony is done. Other witnesses will now testify.
7 a.m. | Fani Willis is expected back in court at 9:00 a.m. Check back for the latest updates.
11Alive's Zach Merchant and Nick Wooten are also following proceedings on X. To see more from the day's proceedings, read more here.
More from yesterday
Wade and Willis testified that their relationship began in early 2022 and ended late in the summer of 2023 with slight differences in dates. Both Wade and Willis testified that Willis repaid Wade for travel expenses in cash.
Robin Yeartie, a former DA's Office employee and friend of Willis, testified that Wade and Willis began a romantic relationship shortly after meeting in 2019. She testified that she saw the pair hug and kiss before Wade's appointment as special prosecutor in November 2021. That directly contradicts claims Wade and Willis made during testimony and in court filings.
Both the defense and the Fulton County District Attorney's Office were expected to call additional witnesses, and Fulton County Superior Court Judge Scott McAfee did not rule on disqualification during Friday's hearing.
More on the case
In addition to having Willis, Wade, and her office disqualified from the case, Roman seeks to have the criminal charges against him dismissed.
If Willis is removed, the Prosecuting Attorneys' Council of Georgia will select a prosecutor to take over the case. The prosecutor could continue the racketeering prosecution, pursue only some of the charges, or drop the case completely.
Trump and 18 others were indicted by a Fulton County grand jury in August 2023. So far, four people have pleaded guilty.
Prosecutors want an August 2024 trial for Trump and the remaining 14 defendants. No trial date has been set.