The hearing has just wrapped up in Georgia,
where a judge will decide whether to enforce a subpoena
for Fulton County District Attorney Fonnie Willis.
She's facing allegations of having an inappropriate relationship with her
top prosecutor in the election interference case against former President
Trump.
Now she may have to testify in that prosecutors divorce
case.
Let's bring in AB CS Andrew Dembert from outside the
courthouse in Cobb County,
Georgia, along with ABC News contributor and former Georgia prosecutor
Chris Timmons for more on this.
Andrew, what would otherwise have been just another divorce case
now could have ramifications for the 2020 election interference case.
So break this down for us.
What's at stake here?
Well, everybody's watching this divorce case because as you mentioned,
there could have major ramifications on
Trump's 2020 interference, election interference case in Fulton County.
That's because Fannie Willis, as you mentioned there is the
District Attorney in Fulton County and she is now accused
of having an improper relationship with the man she hired
to prosecute former President Trump in that election interference case.
And many questions still remain as to whether or not
this will upend that case against Donald Trump.
We do know that one of his Co defendants,
Mike Roman, a former White House aide,
is already seeking to have his case dismissed.
Question is, will the Trump legal team try to do
the same?
Andrew, what's the latest on what happened in court today?
So as we're live on air right now,
court is still going on.
And there are two major questions that we're looking for
#1, is whether or not financial records will be unsealed
in that divorce case of Nathan Wade and his wife
and what those records show as it relates to the
2020 election interference case. But the second question,
which is probably more important being closely watched,
is whether or not Fonnie Willis will have to testify
in that divorce case.
And would her testimony potentially damage that case?
The Internet, The election interference case in Fulton County?
Now, Chris, if Funny Willis does have to testify,
what could that mean for the case against former President
Trump and his Co defendants?
So the question is whether she's got a financial stake
in the outcome of the case.
Most of the case law that you look at it
has to do with the outcome rather than the investigation.
And so at this point,
it looks like there's an argument that she had a
financial stake in the investigation itself,
but not in the outcome of the eventual prosecution or
the finding of guilt of President Trump.
What it could result in,
though, is her disqualification from the case.
If that happens in a new District Attorney would come
in to look at the case and decide whether to
proceed.
The indictment itself is going to be just fine.
It was found to have probable cause by a grand
jury,
so that's not going to vitiate the indictment.
But the question is, will she get disqualified?
Will a new prosecutor come into the case,
and will that prosecutor still wish to proceed?
Diane. So could this endanger the indictments in the election
interference case?
Chris
not the indictment itself, but it could endanger the prosecution.
Like I said, Diane, if a new prosecutor is appointed
because Fannie Willis is is disqualified for having a financial
interest in the case,
then indirectly the case could be thrown out by the
prosecutor.
They have absolute prosecutorial discretion.
Even if an indictment is issued by a grand jury,
a prosecutor can take a fresh look at it and
decide that it's just not worth their time.
There's an argument to be made that,
you know, this is a Georgia State level prosecution,
but it's got massive federal implications and a lot one
of what's being challenged here is on the federal level.
So there's an argument that,
you know, perhaps this should be left to Jack Smith
rather than to Funny Willis or if she's disqualified to
her successor Diane.
So Andrew, what's next in the case?
Well, we're still waiting to see what the judge will
decide when it
comes to those financial records that we were talking about
in Nathan Wade's divorce proceedings as well as whether or
not Willis herself will have to,
will have to testify in that divorce proceeding.
All right. Andrew Dimber, Chris Timmons.
Thank you both.