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Judge determines Fulton County prosecutor’s divorce attorney must return to witness stand in Trump case challenge

By Nick Valencia, Jason Morris and Zachary Cohen, CNN

(CNN) — A judge has determined that Nathan Wade’s former law partner and divorce attorney must return to the witness stand to testify about the relationship between Fulton County District Attorney Fani Willis and Wade, the top prosecutor on the election subversion case involving former President Donald Trump and others.

Attorney Terrence Bradley had previously attempted to shield what he knew from the court by claiming attorney-client privilege. An emergency hearing in the effort to disqualify Willis from the 2020 Georgia election subversion case could be held as early as Tuesday afternoon.

“Based on the in camera hearing with Bradley, the Court believes that the interested parties did not meet their burden of establishing that the communication(s) are covered by attorney-client privilege and therefore the hearing can resume as to Mr. Bradley’s examination,” an email from Fulton County Superior Court Judge Scott McAfee obtained by CNN said.

McAfee noted there is “a very short window” to make the appearance happen, given “Bradley’s medical emergency brought to the Court’s attention.” The clients and their attorneys, the judge wrote, “may appear virtually via Zoom.” The judge asked that the attorneys confirm their availability with the court.

Bradley had been billed as “star witness” for defense attorneys seeking to disqualify Willis’ office and get the case dismissed, but he declined to answer certain questions, citing privilege concerns, during the court hearings two weeks ago. Earlier Monday, McAfee met with Bradley behind closed doors to sort out the privilege issues.

Trump co-defendant Mike Roman’s attorney, who initially surfaced the allegations against Wade, wants to hear more from Bradley to refute the claim from Willis and Wade that their personal relationship began after she appointed him as special prosecutor in late 2021 to lead the case against Trump and his allies.

“Bradley has non-privileged, personal knowledge that the romantic relationship between Wade and Willis began prior to Willis being sworn as the district attorney for Fulton County, Georgia in January 2021,” according to a previous court filing from Ashleigh Merchant, Roman’s defense attorney.

“Thus, Bradley can confirm that Willis contracted with Wade after Wade and Willis began a romantic relationship, thus rebutting Wade’s claim in his affidavit that they did not start dating until 2022,” the filing said.

Roman first raised the allegations that Willis benefited financially when Wade took her on trips with money earned on the case. For instance, court filings have included receipts for a cruise taken by Willis and Wade in 2022, after he was hired as the special prosecutor.

A hearing in which attorneys will address cell phone records and other exhibits remains scheduled for Friday, according to the email.

CNN’s Katelyn Polantz contributed to this report.

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