Judge Sets March 1 Hearing for Final Arguments on Fani Willis Disqualification

Fulton County District Attorney Fani Willis takes the stand as a witness during a hearing in the case of the State of Georgia v. Donald J. Trump at the Fulton County Courthouse in Atlanta, Ga., on Feb. 15, 2024. Alyssa Pointer-Pool/Getty Images

Fulton County Superior Judge Scott McAfee has set a March 1 hearing date for final arguments on whether District Attorney Fani Willis should be disqualified from the election interference case against former President Donald Trump.

The hearing, the result of which could see Ms. Willis replaced with a different prosecutor, is set for 1 p.m., and is expected to be live-streamed, as with most Fulton County proceedings.

Ms. Willis testified before Judge McAfee on Feb. 15–16, where she faced heated questioning over her relationship with top prosecutor Nathan Wade, amid allegations that Ms. Willis benefited financially from the relationship.

Defense attorneys have alleged that Ms. Willis began her romantic relationship with Mr. Wade in 2019, before she hired him for the high-profile Trump prosecution so they could both benefit financially from taxpayer funds. The attorneys have argued that hiring what would have been her boyfriend at the time amounted to a conflict of interest and so she should be disqualified from the case.

Both Ms. Willis and Mr. Wade have denied any financial benefit from their relationship, while insisting their relationship started in 2022, after Ms. Willis had already hired Mr. Wade for the job.

(Left) Fulton County district attorney Fanni Willis testifies during a hearing at the Fulton County Courthouse in Atlanta on Feb. 15, 2024. (Right) Fulton County Special Prosecutor Nathan Wade looks on during a hearing at the Fulton County Courthouse in Atlanta on Feb. 15, 2024. Alyssa Pointer/Pool via Getty Images

Case ‘Badly Tainted’: Trump

Ms. Willis brought the case against President Trump and more than a dozen co-defendants under Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act, a law drafted to fight organized crime.

The indictment accuses President Trump, and 18 others, of being part of a “criminal organization” that sought to overturn the Georgia results of the 2020 presidential election by unlawful means.

President Trump and his co-defendants have denied any wrongdoing, with the former president previously calling the case a “witch hunt” and accusing Ms. Willis of corruption.

Several of President Trump’s co-defendants in the case have moved to disqualify Ms. Willis, arguing that she has a conflict of interest in the case and benefited from it financially.

While both Ms. Willis and Mr. Wade have said that their relationship started in 2022, a college friend of Ms. Willis testified in court that their relationship in fact began shortly after they met a conference in 2019.

The friend, Robin Yeartie, testified that she had no doubt Ms. Willis and Mr. Wade were in a romantic relationship from 2019, saying she saw the two engage in public displays of affection that year, including hugging and kissing.

The argument that the relationship started earlier than both have claimed got a further boost on Friday, when Trump attorneys said in court filings that a private investigator allegedly found records showing that Ms. Willis and Mr. Wade made over 2,000 calls and exchanged some 12,000 texts in 2021, many months before they said they started going out.

President Trump said on Feb. 15, the first day of Ms. Willis’ courtroom testimony, that the court proceedings show that the case is “badly tainted” and should be dismissed.

“By going after Trump, she’s able to get her boyfriend more money than they ever dreamed possible,” the former president told Fox News.

Relationship Timeline In Focus

Michael Roman, President Trump’s co-defendant in the case, has alleged that the relationship allowed Ms. Willis to benefit from taxpayer funds through Mr. Wade, who allegedly paid for “lavish” vacations with her.

Defense attorneys have said in court filings that Mr. Willis and Mr. Wade vacationed to Aruba and Belize, and took two cruises to the Bahamas, which Mr. Wade paid for.

Ms. Willis has denied any financial benefit from the relationship, insisting she paid for as many meals as Mr. Wade did when they went out and that she paid him back for large trip expenses.

A key point of contention is the timeline of their relationship. Defense attorneys have argued that it began before she hired Mr. Wade for the job of special prosecutor on the Trump case. The attorneys have alleged that Ms. Willis hired Mr. Wade for financial benefit, a claim that, if  proven, could bolster their case that she should be disqualified.

Judge McAfee has said that Ms. Willis could be disqualified from the case if there is enough evidence to show “an actual conflict or the appearance of one.”

Judge Scott McAfee speaks during a hearing in the 2020 Georgia election interference case at the Fulton County Courthouse in Atlanta, on Dec. 1, 2023. John David Mercer/Pool via Getty Images

He said that the hearings were intended to establish “whether a relationship existed, whether that relationship was romantic or nonromantic in nature, when it formed and whether it continues.”

The judge also said that such questions are only relevant “in combination with the question of the existence and extent of any personal benefit conveyed as a result of the relationship.”

Both Ms. Willis and Mr. Wade have repeatedly denied any financial benefit to their relationship.

Motions put forward by defense counsel have alleged that Ms. Willis profited from the case because she paid Mr. Wade over $650,000 for his work on it.

Ms. Willis has called the allegations “salacious” and said they were intended to generate news headlines that make her look bad.

Catherine Yang and Jack Phillips contributed to this report.