District attorney fani willis is fates still up in the air as the judge weighs whether to disqualify her and her entire team of prosecutors from the case against donald trump and other defendants for their efforts to overturn the 2020 election in georgia. These people, your honor, is a systematic misconduct and they need to go lawyers for trump and others charged in the case are arguing that willis hired nathan wade, a Special Prosecutor when they were romantically involved, and then she benefited financially from the trips they took and dinners they shared. She put her boyfriend in the spot paid him, and then reap the benefits from it that she created the system and then didnt tell anybody about it. Willis testified last month insisting the relationship began after wade was appointed to lead the trump case and arguing she paid him back in cash when i saw how did they did mr. Wade april 2020 2022 around the i dont know, growing up, my daddy had three safes and now, though my father bought me a lockbox and i always keep cash in the house. When you go on a date, should have cash your pocket. Judge scott mcafee did have some tough questions for the attorneys pushing to remove willis and her team if someone buys their bosses stick of gum, is that per say, disqualify . It may not meet at materiality requirement, but its a personal benefits to the judge. Also asked if its qualification would really be the right remedy or if any wrongdoing would just require reprimand from the legal bar. The proposition youre putting forward now is that if a representative, the state the lead prosecutor, the District Attorney, themselves assess something thats untruthful on the record. That is something that immediately has to be proactively policed by the trial court. Basically, what im getting at is wearing the law that we find the remedy to an untruthful statement generally we send you down the street to the bar, lawyers for the District Attorneys Office insists there is absolutely no Conflict Of Interest. Its absurd. We have absolutely no evidence that ms willis received any financial gain or benefit. The testimony was that ms willis paid all of the money back in cash now, this has been a very lengthy hearing that has lasted several days over the past few weeks. But despite that, the judge said that he still does have factual and legal issues that he asked to evaluate, but he does Estimate Wolf that he will have a decision as To Whether Da Willis and her team should be disqualified. In likely the next two weeks, whilst he would he decides jessica schneider. Thank you very much. Lets break down all of this with our legal and political experts and laura coates, this was really a remarkable day in georgia. Whats your big takeaway from what we saw and heard . Well these people who are trying to disqualify fani willis want you to know that they think that ethical conduct rises the level of disqualification, but they have to actually prove it in the actual case in chief, they have to show that there was a competent interest in this case, a financial benefit that undermines the ability to get a fair trial for these defendants. The judge was concerned more about whether they had met that burden as he should be, and that questions up in the air. They tried to talk about playing the race card, the Religion Card by her now Famous Church speech, where she talked about why they were targeting and singling out nathan wade, the lead prosecutor on the case, but is also a moment in terms of the judge trying to figure out what the parameters ought to be. It isnt extreme. Extreme dream motion to try it. Its qualify an elected official. Remember, shes elected from a case in her entire office goes longer. Does this judge just trying to very cautious, but i was concerned at one moment in terms of him showing his hand. Hes concerned about the appearance of impropriety as well. The optics here are not good. Yeah. And the stakes yes, they are very significant. Indeed, elie honig, do you think that Defense Attorneys bet the burden needed for fani willis to be disqualified . Well well, if this is going to be a really close call and you used a really important word right there, burden, it is the defendants donald trump and the other people who are challenging fani willis, who have to prove their allegations. So if this is a tie, if this is a stalemate, fani willis is going to win. Now, i think there have been serious questions raised about the nature of the relationship, the timing of the relationship, whether fani willis and nathan wade testified truthfully, and whether there was a financial benefit to fani willis, but the evidence came in in my view in a very muddled, sort of confused fashion. And its going to come down to the judges decision. The judges discretion which evidence does he believe does he believe fani willis and nathan wade . Does he believe the other witnesses . Does he how much credit does he give this cell records . Thats a really exceedingly difficult call. You could see the judge today starting to wrestle with some of those issues. So hes gonna go back into his chambers. Hes going to spend two weeks trying to work it out and then hell give us that decision and neither way would surprise me. Interesting, gloria, Gloria Borger is with us as well, even if willis isnt disqualified in this case, the District Attorneys Office certainly seems to have suffered a bit right now. At least with the jury pool. Dont forget as laura was saying, shes an elected official and theyve spent weeks going down a rabbit hole about whether she behaved in properly and hired her boyfriend and thats never good for a public official. The question is by the if shes not disqualified by the time you get around to selecting a jury, will that become part of the case . Well, it depends what questions they asked the jurors do they know about this . Have they been following this trial . Have they not been following the trial . So at this point, its kinda hard to say, but overall, i dont think shes done herself any favors here. So big picture, laura, if fani willis eventually is disqualified by the judge in this specific case, what would that mean for other cases that are ongoing right now . Well, two points. If shes disqualified, it wouldnt just be her it would be her entire office. And you have a Prosecuting Counsel in georgia that would select an additional or new prosecution team. Now, trying to do that pretty difficult. Youve got Safety Concerns that theyve articulated. Youve got the scrutiny. Its not an attractive case someone to want to jump on board and youre not getting paid oodles of money for it there is your tracking a lot of lawyers not want to get involved. That new team. If that team is disqualified, doesnt have to follow what she is done, doesnt have to continue with the case doesnt have to abide by the grand jury indictment could add or subtract defendants or gives me a totally different also, what impact would it have on other cases the judge went to some lengths to talk about well, hold on. If you want me to discredit fani willis, discredit her alone off of what she said as a truthful or nontruthful statement. The da signs the document on every indictment in a courtroom, every time a lower level da wants to indict her signature goes on it as well. Its really a four by a form over substance aspect of it. Does that mean that every case shes ever a part of is now going to go down the drain. Thats the judges concern about the limitations of this. And you have to be cognizant of it you certainly do. And elie, why is fani willis is being in a relationship with nathan wade . The Special Prosecutor, a potential Conflict Of Interest in this case so wolf, its important to understand two things about conflicts of interests. One, it doesnt necessarily mean anyone has done anything wrong. Sometimes conflicts of interests just happen in two. It does not have to relate to the actual charges in the case. Prosecutors get ready q is because of conflicts all the time. Ill give you an example. Lets say i was Prosecuting A Case against a ceo of a Large Corporation for Insider Trading. And it turned out my dad work there or my brother work there. Nobody did anything wrong. Not related to the Insider Trading charges, but absolutely a Conflict Of Interests and the argument that the defendants have made here is not so much such that the relationship itself was the conflict, but that the Relationship Led to that financial conflict that laura just mentioned. And so thats how we got to this point. And it was further complicated by this dispute over when the relationship started. So thats how it all ties back to really the legal issue here, which is a Conflict Of Interest. Interesting all right, everyone standby when we return well discuss the other critical hearing for donald trump today on the timing of his trial in the classified documents case down at maralago is the judge buying the trump teams efforts to delay and later a new us response to the humanitarian crisis in gaza. 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Trump with Felony Violations of our National Security laws, as well as participating in a conspiracy to obstruct justice trump faces 40 felony criminal charges related to the alleged mishandling of classified information. Some seen here in properly stored at maralago they raided my house. They did it for publicity reasons. They did it for Election Interference reasons. They want to interfere with the election. The case is currently scheduled for may 20, but judge aileen cannon, a trump appointee who is overseeing the case, has signaled she may push the trial back. In court today can pressed prosecutors and Defense Attorneys about theyre suggested schedules. Special counsel jack smith proposed a july 8 start date, but during the proceedings, cannon suggested that aspects of smiths proposal were unrealistic. Trumps lawyers insist the trial should be pushed back. A trial trial that takes place before the election is a mistake and should not happen. Trump attorney todd blanche stated saying it would be unfair to the former president and the American People for trump to be in the courtroom and not on the campaign trail. Thats something that former president has claimed as well. All of this persecution is only happening because i am running for president and leading very substantially in the polls. Trumps attorneys, dick concede if the trial has to go forward before the election, they would be okay with starting august 12th, cannon noted that trumps upcoming criminal case in new york must be considered as she schedules this one on march 25th, trumps Hush Money Trial begins in new york and is expected to last four to six weeks. And already busy Court Schedule for the former President Trump today, prosecutors answered a question thats been hanging over these federal cases that was just how close the election is. The Justice Department willing to try trump . The Justice Department has a policy of not taking any steps in investigations they could impact an election within 60 days of voting. It just wasnt clear though if that policy applies to the trump cases. But today, the Special Counsel made it clear that policy he does not apply to criminal cases were charges have already been filed. That means they would be willing to try trump in september, even october. But wolf that is their stance. What really matters . Versus what the judge thinks. And well be waiting for judge cannons order over the next few weeks. We shall see what that order is. Paula reid in fort pierce, florida for us, paula, thank you very much. Lets turn back to our legal and political experts right now. Laura coats some legal analysis, judge cannon called some aspects of the Special Counsels jack smiths proposed schedule, unrealistic. How do you read them . Well, perhaps because this is a defendant in multiple jurisdictions multiple in terms of federal and also state. And we also have spent some pending cases and the Supreme Court, including one about immunity. Now the Immunity Discussion has to be a little bit more nuanced, but you can see a world where they would try i did delay this with the expectation of having the Supreme Court