2024-03-01 14:45:06 ET
March 1 (UPI) -- Lawyers for one of Donald Trump 's co-defendants in the Georgia election interference case argued Friday that they have shown the district attorney and lead prosecutor have a conflict of interest and should be removed from the case.
Superior Court Judge Scott McAfee is hearing closing arguments in Atlanta on a motion to oust Fulton County District Attorney Fani Willis and lead prosecutor Nathan Wade, alleging the two had a romantic affair that benefited them professionally and financially.
Attorney John Merchant, representing defendant Michael Roman, said, "We can demonstrate an appearance of conflict of interest and that is sufficient," citing other Georgia cases.
As for what the appearance of a conflict of interest is, Merchant said, "You know it when you see it.
"If this court allows this kind of behavior to go on and allows district attorney's across the state to engage in these types of activities, public confidence in the system will be shot," he said.
Merchant's wife, Ashleigh Merchant, has represented Roman throughout the prior hearing dates. The couple lead the Merchant Law Firm based in Marietta, Ga. John Merchant went on to take issue with Deputy District Attorney Adam Abatte for calling his wife a liar during a previous hearing.
John Merchant added that the defense has presented facts that fit into two categories of disqualification: conflict of interest and forensic misconduct. Forensic misconduct includes false testimony. The defense has alleged Willis and Wade gave false testimony about when their romantic relationship began.
Willis and Wade testified that their relationship began in the spring of 2022. Lawyers for the defendants have attempted to prove the relationship started earlier and that they lied to the court.
Willis appointed Wade to lead the prosecution of Trump and 19 co-defendants in the election interference RICO case. During testimony, it was revealed that Wade was not Willis' first choice. She first asked former Georgia Gov. Roy Barnes to lead the case, but he declined.
Willis and Wade took the stand for hours-long testimony on Feb. 15. Willis' father, John Floyd III, Wade's divorce attorney , Terrence Bradley , and former district attorney's office staffer Robin Yeartie were among others to testify.