Fulton County District Attorney Fani Willis attends a Harrison Floyd bond revocation hearing at the Fulton County Courthouse in Atlanta on Nov. 21, 2023.
Dennis Byron | Reuters
The judge in the Georgia election criminal case against Donald Trump seemed inclined Monday to allow a subpoena for testimony from District Attorney Fani Willis at an upcoming hearing to potentially disqualify her from the case.
Fulton County Judge Scott McAfee, at a hearing, said that Willis’ testimony appears relevant to a bid by Trump and some of his co-defendants to remove her from the case due to her romantic relationship with a key subordinate, Nathan Wade. Willis appointed Wade as special prosecutor for the Trump case.
“I don’t see how quashal can be imposed here,” McAfee said, using the legal term for voiding a subpoena.
But McAfee said he would hold off on making a final ruling on Willis’ request to void the subpoena for her testimony from one of Trump’s co-defendants until after another witness testifies Thursday at the disqualification hearing.
The judge did quash a subpoena for Wade’s bank records, which some of the defendants wanted to enter into evidence to support their allegations that he paid for vacations with Willis while he was heading a team investigating and prosecuting Trump.
Trump and more than a dozen others are charged with crimes related to trying to overturn his 2020 election loss in Georgia to President Joe Biden.
Trump has pleaded not guilty in the case.
This is breaking news. Check back for updates.