An evidentiary hearing Thursday might mark the most important proceeding yet in Fulton County District Attorney Fani Willis’ election interference case against former President Donald Trump and 14 remaining co-defendants.
As our AJC colleague Tamar Hallerman writes, it could be a make-or-break moment that could set the racketeering case back on track or deal it a debilitating blow. The hearing begins at 9:30 a.m. and you can watch it here.
Here’s what to know about proceedings that start today and could stretch until Friday.
What’s this about?
The hearing will focus on Willis’ personal relationship with special prosecutor Nathan Wade, which surfaced weeks ago in an explosive motion by co-defendant Michael Roman that sought to disqualify the prosecutor and toss out the entire case.
Superior Court Judge Scott McAfee will consider whether Wade or Willis gained “any personal benefit” from the relationship. Over the course of the testimony, Willis’ personal life and professional integrity will be under the microscope.
What could happen?
Legal experts consider it highly unlikely the judge throws out the criminal charges, but the case could be kaput if Willis is removed.
That’s because it would then be up to the Prosecuting Attorneys’ Council of Georgia to tap a replacement. That’s the same nonpartisan state agency that has yet to announce steps against Lt. Gov. Burt Jones more than 18 months after Willis was disqualified from investigating his role as a Trump elector. Jones was among those who met secretly following the 2020 election to sign a certificate falsely claiming Trump had won the state.
What should we expect?
The hearing will attract wall-to-wall coverage but might not be riveting TV. The lawyers are likely to engage in an extended back-and-forth over what can be admitted into evidence. And there will be legal wrangling over who will take the stand.
Credit: Jason Getz/AJC
Credit: Jason Getz/AJC
So who else could testify?
In McAfee’s mind, the “star witness” is Terrence Bradley, a former Wade law partner who once represented him in his divorce case. Roman attorney Ashleigh Merchant suggested Bradley could testify the Willis-Wade relationship began earlier than Wade has acknowledged.
Other witnesses could include Willis’ father, John Floyd, who recently lived with his daughter. And there’s a possibility that Willis could testify herself.
How soon will McAfee rule?
Your guess is as good as ours. But McAfee has promised to keep the hearing “focused” and to take steps to block defense attorneys from seeking to embarrass Willis. He, too, is going to be under intense scrutiny.
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Credit: Natrice Miller/AJC
Credit: Natrice Miller/AJC
BURNS ON WILLIS. State House Speaker Jon Burns didn’t defend Fulton County District Attorney Fani Willis ahead of today’s hearing, but he did say the Georgia Senate is not the place to investigate her conduct or record.
The state Senate has launched a special investigative committee to examine Willis and her office following accusations of misconduct from the defendants in the Trump case. The speaker said the state’s Prosecuting Attorneys Oversight Commission, which lawmakers just created to oversee local prosecutors, should have that role instead.
“This is not specifically about her,” Burns, a Newington Republican, told WSB-TV’s Richard Elliot. “It’s about DAs across the state doing their jobs, and we believe we have the right language and the right policy now.”
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Credit: Casey Sykes
Credit: Casey Sykes
UNDER THE GOLD DOME, Legislative Day 21:
- 8 a.m.: Committee meetings begin.
- 10 a.m.: The Senate convenes.
- 11 a.m.: The House gavels in.
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Credit: Natrice Miller/AJC
Credit: Natrice Miller/AJC
WORTH WATCHING. With 20 legislative days down and 20 to go, the House and Senate both have full agendas today.
- The House Judiciary Committee holds a hearing on House Resolution 780, sponsored by Republican Rep. Jesse Petrea of Savannah, related to non-citizens voting in Georgia elections. Georgia law already prohibits non-citizen voting, and similar legislation has failed to advance in past years.
- The Senate Ethics Committee holds a hearing to review voter registration purges.
- The Senate votes on Senate Bill 349, a measure to limit property tax hikes, along with SB 430, a bill to address businesses’ potential liability if an employee or customer contracts COVID-19 on their property.
- Ahead: Crossover Day is Feb. 29. Legislation that hasn’t passed one chamber or the other by that deadline cannot be considered the rest of the session. However, measures that aren’t approved before Crossover Day can be added to other bills.
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Credit: Alyssa Pointer/AJC
Credit: Alyssa Pointer/AJC
LISTEN UP. Partisan power players Brian Robinson and Tharon Johnson joined the “Politically Georgia” radio show Wednesday to talk about state lawmakers’ recent foray into the politics of immigration, along with other news of the week.
Tune in later today when former state Sen. Jen Jordan joins the show to talk about the high-stakes hearing on Fulton County District Attorney Fani Willis and her relationship with special prosecutor Nathan Wade. And former state Rep. Ed Lindsey, a current member of the State Election Board, calls in to talk about this week’s decision to keep no-excuse absentee voting in Georgia.
Listen at Apple Podcasts, Spotify, Google Podcasts or wherever you listen to podcasts. And listen to Thursday’s show live at 10 a.m. on WABE 90.1 FM, at AJC.com and at WABE.org.
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Credit: Olivia Bowdoin for the AJC
Credit: Olivia Bowdoin for the AJC
BACKING BIDEN IN GAZA. Georgia’s U.S. senators, Democrats Jon Ossoff and Raphael Warnock, are backing President Joe Biden’s efforts to broker a temporary pause in fighting in Gaza in exchange for the release of Israeli hostages.
The duo took the lead on a letter also signed by 23 other Senate Democrats that reiterates the lawmakers’ support for Israel but also encourages Biden to broker a deal that would lead to a ceasefire agreement. It notes that Israel and Hamas struck a deal in November for a seven-day ceasefire that led to the release of 105 Israeli hostages, all women and children, taken during an Oct. 7, 2023 attack in which the militants killed about 1,200 Israelis.
“We recognize that such a diplomatic achievement will require the agreement of the warring parties, and that its terms remain under negotiation,” the lawmakers wrote. “In our judgment, it is in our urgent national interest — and the urgent humanitarian interest of millions of innocent civilians — that these negotiations succeed.”
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Credit: AP
Credit: AP
SPYING BILL ROADBLOCK. The U.S. House tabled legislation reauthorizing Section 702 of the Foreign Intelligence Surveillance Act.
The decision came after Republicans could not reach an agreement on new language for the law, which allows warrantless surveillance of noncitizens on foreign soil. Critics of Section 702 have long complained that this warrantless surveillance can often intercept conversations or contacts with U.S. citizens, resulting in a breach of privacy.
U.S. Rep. Andrew Clyde, R-Athens, and other members of the House Freedom Caucus raised concerns about Section 702 on Tuesday and said they would push for an amendment to require warrants before surveillance can be conducted.
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Credit: TNS
Credit: TNS
GEORGIA 2024. Even with multiple states in play for November’s presidential election, Georgia remains a must-win state for Democrats in 2024. That’s according to the Campaign for a Family Friendly Economy PAC, which tells the AJC it plans to spend $11 million of its massive $40 million election-year budget to boost President Joe Biden in Georgia later this year.
“Georgia, to us, is top-tier,” said Sondra Goldschein, CFFE’s executive director. “It is a state that is pivotal on the path to 270. We need to be able to win Georgia in order to reelect President Biden.”
Goldschein said the group will use its Georgia budget “to energize voters about who is on their side during the election” and will focus its messaging on economic issues like the cost of caregiving, the cost of prescription drugs, and paid family leave policies.
Along with a paid-media campaign, the group is also planning a door-knocking operation focused on base and persuadable voters in Cobb and north Fulton counties.
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Credit: AJC file photo
Credit: AJC file photo
GEORGIA 3RD. There’s one less Republican contender in the wide-open race for U.S. Rep. Drew Ferguson’s west Georgia district.
State Rep. David Jenkins of Grantville filed paperwork this week terminating his campaign after raising just $1,300. Instead, he’ll seek another term in his Georgia House seat.
Other Republican candidates still in the race include former GOP Senate leader Mike Dugan, ex-state Sen. Mike Crane and former state Rep. Philip Singleton. Democrat Maura Keller is also in the running for the deep-red seat.
There’s also buzz about a bid by Brian Jack, a metro Atlanta native and former White House official who is an adviser to former President Donald Trump’s comeback attempt.
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Credit: Jenni Girtman for the AJC
Credit: Jenni Girtman for the AJC
TODAY IN WASHINGTON:
- President Joe Biden has no public events on his schedule.
- The House votes on foreign policy legislation.
- Penny Brown Reynolds, the U.S. Department of Agriculture’s acting assistant secretary for civil rights, delivers the keynote speech at Morehouse College’s 157th Founder’s Day Convocation.
- U.S. Sen. Jon Ossoff, U.S. Deputy Treasury Secretary Wally Adeyemo and Cobb County leaders hold a news conference to highlight federal funding being used to build the new Cobb workforce center in Mableton.
- The Senate is in recess until Feb. 26.
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Credit: Natrice Miller/AJC
Credit: Natrice Miller/AJC
CAR TALK. Kia executives met with Gov. Brian Kemp and state leaders Wednesday to show off the first electric vehicles built in Georgia.
Fresh off assembly lines at Kia’s West Point factory and recently highlighted in a Super Bowl ad, a fleet of the three-row electric EV9 SUVs was parked outside the Gold Dome.
Our AJC colleague Zach Hansen writes that it’s a sign of things to come for the Peach State as Kia, Hyundai and Rivian ramp up their respective plans to mass produce EVs across Georgia.
Credit: Courtesy Kia America
Credit: Courtesy Kia America
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PERSONNEL NEWS. Jaylen Black, a former aide to both Stacey Abrams and U.S. Sen. Raphael Warnock, has a new gig.
Black tells us she just took a job leading the marketing and communications department for Planned Parenthood Southeast. Chief Executive Carol McDonald is expanding the organization and last week hosted Vice President Kamala Harris in Savannah.
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Credit: Courtesy photo
Credit: Courtesy photo
DOG OF THE DAY. Meet Pepper Bogardus, proof that variety is the spice of life. Of the many varieties of dog that Pepper may be, her likely combination of golden retriever, border collie and Labrador retriever roots most likely make her a truly unique “Golden Borador.”
Pepper calls AJC subscribers Susan and Dale Bogardus her people, who adopted her from Dirt Road Doggies Rescue in Jefferson. And whatever you call her, a reliable source reports Pepper is a goofy, sweet pup at heart.
Send us your dogs of any political persuasion and location, and cats on a cat-by-cat basis, to patricia.murphy@ajc.com, or DM us at @MurphyAJC.
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AS ALWAYS, Politically Georgia readers are some of our favorite tipsters. Send your best scoop, gossip and insider info to greg.bluestein@ajc.com, tia.mitchell@ajc.com, patricia.murphy@ajc.com, and adam.vanbrimmer@ajc.com.
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