ATLANTA — Fulton County District Attorney Fani Willis took the witness stand Thursday and forcefully pushed back against what she described as “lies” about her romantic relationship with a special prosecutor during an extraordinary hearing that threatens to upend one of four criminal cases against the former president.
A visibly upset Willis, who originally fought to stay off the witness stand, agreed to testify after a previous witness said her relationship with special prosecutor Nathan Wade began earlier than they had claimed. The district attorney's testimony grew heated under questioning from a defense attorney who's trying to remove Willis from the case, with the prosecutor at one point raising papers in front of her and shouting: “It's a lie!”
“Do you think I’m on trial? These people are on trial for trying to steal an election in 2020. I’m not on trial no matter how hard you try to put me on trial,” Willis told defense attorney Ashleigh Merchant.
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The probing questions for Willis and for Wade, who testified before her, underscored the extent to which the prosecutors who pledged to hold Trump accountable are themselves now under a public microscope, with revelations about their personal lives diverting attention away from Trump’s own conduct and raising questions about the future of the case as Trump vies to reclaim the White House.
Robin Yeartie, a former co-worker of Willis, testified earlier Thursday that Willis’ relationship with Wade began before he was hired as special prosecutor in November 2021. Wade testified that they didn’t start dating until 2022, and that their relationship ended last summer. Willis also testified that the relationship didn't begin until 2022.
During personal and uncomfortable testimony that spanned hours, Wade admitted to having sex with Willis during his separation from his estranged wife.
Yeartie's testimony threatens to undermine the prosecutors’ credibility and upend the case against Trump and others who are charged with conspiring to overturn the 2020 presidential election results in Georgia.
Fulton County Special Prosecutor Nathan Wade testifies during a hearing on the Georgia election interference case, Thursday, Feb. 15, 2024, in Atlanta.
Trump and his co-defendants have argued that the relationship presents a conflict of interest that should force Willis off the case. Wade sought to downplay the matter, casting himself and Willis as "private people.”
“There is nothing secret or salacious about having a private life,” he said. “Nothing.”
Wade said the relationship ended last summer, but that he remains good friends with Willis. He added that they were “probably closer than ever because of these attacks.”
But the hours of probing questions for Wade underscored the extent to which the prosecutors who pledged to hold Trump accountable are themselves now under a public microscope, with revelations about their personal lives diverting attention away from Trump’s own conduct and threatening to derail one of the four prosecutions he confronts as he vies to reclaim the White House.
If Willis were disqualified, a council that supports prosecuting attorneys in Georgia would find a new attorney to take over who could either proceed with the charges against Trump and 14 others or drop the case altogether.
Merchant alleges that Willis personally profited from the case, paying Wade more than $650,000 for his work and then benefiting when Wade used his earnings to pay for vacations the pair took together.
Wade, who took the stand after the judge refused to quash a subpoena for his testimony, testified that he and Willis traveled together to Belize, Aruba and California and took cruises together, but said Willis paid him back in cash for some travel expenses that he had charged to his credit card.
“She was very emphatic and adamant about this independent, strong woman thing so she demanded that she paid her own way," Wade said.
Wade was pressed by defense attorneys to answer uncomfortable questions about his relationship with Willis, prompting objections from the district attorney's office. The hearing began with lengthy sparring between lawyers over who must answer questions. It is expected to stretch into Friday.
Willis’ removal would be a stunning development in the most sprawling of the four criminal cases against Trump. Even if a new lawyer went forward with the case, it would very likely not go to trial before November, when Trump is expected to be the Republican nominee for president. At a separate hearing in New York on Thursday, a judge ruled that Trump’s hush-money criminal case will go ahead as scheduled with jury selection starting on March 25.
In a court filing earlier this month, Willis' office insisted that she has no financial or personal conflict of interest and that there are no grounds to dismiss the case or to remove her from the prosecution. Her filing called the allegations “salacious” and said they were designed to generate headlines. Wade said in an affidavit filed in court that their relationship began after he was hired and that they have never lived together.
Since the allegations of an inappropriate relationship surfaced, Trump has used them to try to cast doubt on the legitimacy of Willis’ case against him. Other Republicans have cited them in calling for investigations into Willis, a Democrat who’s up for reelection this year.
Roman’s lawyer, Merchant, subpoenaed Willis, Wade, seven other employees of the district attorney’s office and others, including Wade’s former business partner, Terrence Bradley. Bradley took the witness stand earlier Thursday but refused to answer questions from Merchant, citing attorney-client privilege.
McAfee said during a hearing Monday that Willis could be disqualified "if evidence is produced demonstrating an actual conflict or the appearance of one.”
He said the issues he wants to explore at the hearing are “whether a relationship existed, whether that relationship was romantic or nonromantic in nature, when it formed and whether it continues.” Those questions are only relevant, he said, “in combination with the question of the existence and extent of any personal benefit conveyed as a result of the relationship.”
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A look at the 19 people charged in the Georgia indictment connected to Trump's election scheme
Key people in the Georgia election fraud case
Four of the 18 people charged alongside former President Donald Trump with participating in an illegal scheme to overturn the results of the 2020 presidential election in Georgia have now negotiated deals with prosecutors, pleading guilty to reduced charges in exchange for their truthful testimony in future trials.
Lawyer Jenna Ellis on Tuesday became the latest to turn against Trump, pleading guilty to a single felony charge in exchange for a sentence of probation rather than prison time. Fellow attorneys Sidney Powell and Kenneth Chesebro reached similar deals last week, just as their trial in the case was supposed to start because they had invoked their rights to a speedy trial. Bail bondsman Scott Graham Hall last month was the first to plead guilty.
Trump and the others charged in the case have pleaded not guilty.
The sweeping indictment, brought by Fulton County District Attorney Fani Willis, pictured, in August, capped an investigation that had lasted more than two years and marked the fourth criminal case brought against the former president. Its 41 counts include racketeering, violating the oath of a public officer, forgery, false statements and other offenses.
Here’s a look at the 19 people charged:
Donald Trump
Then-President Trump fixated on Georgia after the 2020 general election, refusing to accept his narrow loss in the state and making unfounded assertions of widespread election fraud there. He also called top state officials, including Gov. Brian Kemp, to urge them to find a way to reverse his loss in the state. In a Jan. 2, 2021, phone call with Georgia Secretary of State Brad Raffensperger, Trump suggested the state’s top elections official could help “find” the votes needed for him to win the state. Willis opened the investigation into possible illegal attempts to influence the election shortly after a recording of that call was made public.
Rudy Giuliani
During several legislative hearings at the Georgia Capitol in December 2020, the former New York mayor and Trump attorney promoted unsupported allegations of widespread election fraud in Georgia. Prosecutors have said Giuliani was also involved in a plan to have 16 Georgia Republicans serve as fake electors, falsely swearing that Trump had won the 2020 presidential election and declaring themselves the state’s “duly elected and qualified” electors.
John Eastman
Eastman, one of Trump’s lawyers and a former dean of Chapman University's law school in Southern California, was deeply involved in some of his efforts to remain in power after the 2020 election. He wrote a memo arguing that Trump could remain in power if then-Vice President Mike Pence overturned the results of the electoral certification during a joint session of Congress. That plan included putting in place a slate of “alternate” electors in seven battleground states, including Georgia, who would falsely certify that Trump had won their states.
Mark Meadows
Trump’s chief of staff visited Cobb County, in the Atlanta suburbs, while state investigators were conducting an audit of the signatures on absentee ballot envelopes in December 2020. Meadows obtained the phone number of the chief investigator for the secretary of state’s office, Frances Watson, and passed it along to Trump, who called her. He also participated in the Jan. 2, 2021, phone call between Trump and Georgia Secretary of State Brad Raffensperger.
Sidney Powell
A lawyer and staunch Trump ally, Powell was present for a now-infamous December 2020 meeting at the White House where participants hatched far-fetched schemes. She also was part of a group that met at the South Carolina home of conservative attorney Lin Wood in November 2020 “for the purpose of exploring options to influence the results of the November 2020 elections in Georgia and elsewhere,” prosecutors said. Additionally, prosecutors alleged Powell was involved in arranging for a computer forensics team to travel to rural Coffee County, about 200 miles southeast of Atlanta, to copy data and software from elections equipment there in January 2021.
Kenneth Chesebro
Prosecutors have said Chesebro, an attorney, worked with Republicans in numerous swing states Trump lost, including Georgia, in the weeks after the November 2020 election at the direction of Trump’s campaign. Chesebro worked on the coordination and execution of a plan to have 16 Georgia Republicans sign a certificate declaring falsely that Trump won and declaring themselves the state’s “duly elected and qualified” electors.
Jeffrey Clark
A U.S. Justice Department official who championed Trump’s false claims of election fraud, Clark presented colleagues with a draft letter pushing Georgia officials to convene a special legislative session on the election results, according to testimony before the U.S. House committee that investigated the Jan. 6, 2021, Capitol riot. Clark wanted the letter sent, but Justice Department superiors refused.
Jenna Ellis
The lawyer appeared with Giuliani at a Dec. 3, 2020, hearing hosted by state Republican lawmakers at the Georgia Capitol during which false allegations of election fraud were made. Ellis also wrote at least two legal memos to Trump and his attorneys advising that Pence should “disregard certified electoral college votes from Georgia and other purportedly ‘contested’ states” when Congress met to certify the election results on Jan. 6, 2021, prosecutors said.
Ray Smith
A Georgia-based lawyer, Smith was involved in multiple lawsuits challenging the results of the 2020 election in Georgia. He also gathered witnesses to provide testimony before Georgia legislative subcommittee hearings held in December 2020 on alleged issues with the state’s election.
Robert Cheeley
A Georgia lawyer, Cheeley presented video clips to legislators of election workers at the State Farm Arena in Atlanta and alleged the workers were counting votes twice or sometimes three times. He spoke to the lawmakers after Giuliani.
Michael Roman
A former White House aide who served as the director of Trump’s election day operations, Roman was involved in efforts to put forth a set of fake electors after the 2020 election.
David Shafer
The chairman of the Georgia GOP, Shafer was one of 16 state Republicans who met at the state Capitol on Dec. 14, 2020, to sign a certificate declaring falsely that Trump had won and also declaring themselves the state’s “duly elected and qualified” electors. He also joined Trump in a lawsuit challenging the certification of the 2020 election in Georgia.
Shawn Still
He was one of 16 Georgia Republicans who signed a certificate falsely stating that Trump had won the state and declaring themselves the state’s “duly elected and qualified” electors. Still was the finance chairman for the state GOP in 2020 and served as a Georgia delegate to the Republican National Convention that year. He was elected to the Georgia state Senate in November 2022 and represents a district in Atlanta’s suburbs.
Stephen Cliffgard Lee
Prosecutors say Cliffgard Lee, a pastor, worked with others to try to pressure Georgia election worker Ruby Freeman and her daughter after Trump and his allies falsely accused them of pulling fraudulent ballots from a suitcase during the vote count. Lee allegedly knocked on Freeman’s door, frightening her and causing her to call 911 three times, prosecutors said in a court filing last year.
Harrison William Prescott Floyd
Also known as Willie Lewis Floyd III, he served as director of Black Voices for Trump, and is accused of recruiting Lee to arrange a meeting with Freeman and Chicago-based publicist Trevian Kutti.
Trevian C. Kutti
Prosecutors allege Kutti, a publicist, claimed to have high-level law enforcement connections. They say Freeman met with Kutti at a police precinct, where she brought Floyd into the conversation on a speakerphone. Prosecutors say Kutti presented herself as someone who could help Freeman but then pressured her to falsely confess to election fraud.
Cathy Latham
Latham was one of 16 Georgia Republicans who signed a certificate falsely stating that Trump had won the state and declaring themselves the state’s “duly elected and qualified” electors. She was also chair of the Coffee County Republican Party. She was at the county elections office for much of the day on Jan. 7, 2021, and welcomed a computer forensics team that arrived to copy software and data from the county’s election equipment in what the secretary of state’s office has said was “unauthorized access” to the machines.
Scott Graham Hall
An Atlanta-area bail bondsman, Hall was allegedly involved in commandeering voting information that was the property of Dominion Voting Systems from Coffee County, a small south Georgia jurisdiction. Also charged in the scheme were Powell, Latham and former county elections supervisor Misty Hampton.
Misty Hampton
She was the elections director in Coffee County. Hampton was present in the county elections office on Jan. 7, 2021, when a computer forensics team copied software and data from the county’s election equipment. She also allowed two other men who had been active in efforts to question the 2020 election results to access the elections office later that month and to spend hours inside with the equipment.
