As ruling on DA Fani Willis looms in GA Trump case, defense sources say 'the court is being played'

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Georgia judge set to decide if Fani Willis will be removed from Trump case

Fox News legal editor Kerri Kupec Urbahn joined 'America's Newsroom' to discuss the latest on the Fulton County case involving Fani Willis and the DOJ's criminal inquiry into Boeing.  

The legal battle around a motion to disqualify Fulton County, Georgia, District Attorney Fani Willis from the case against former President Trump is raising concerns of potential perjury, according to multiple sources from defense teams. 

Fox News spoke to several sources involved with the defense in the case against Trump and 18 others charged with attempting to interfere in the 2020 presidential election in Georgia. Many of the sources said that they believe Willis and special prosecutor Nathan Wade lied to the court.

One source puts it this way: "The court is being played."

Judge Scott McAfee at the Fulton County Courthouse in Atlanta on Feb. 15. (Alyssa Pointer, Getty Images)

Willis and Wade both testified that their relationship did not begin until early 2022, but the defense argues it can prove the relationship began in 2019. Willis hired Wade in November 2021.

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During a series of hearings in recent weeks, various defense counsel offered evidence that tried to counter Willis and Wade’s relationship timeline. They also tried to prove that Willis had a financial interest in the case by hiring Wade and going on vacations together without disclosing the relationship.

The deadline to submit new evidence on the disqualification issue has passed, but some defense lawyers have asked Judge Scott McAfee to reopen evidence before he makes a ruling, claiming they have two new witnesses who can testify that the relationship began before Wade was hired. 

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Multiple sources say it’s clear to them that Willis and Wade lied, with one saying, "The cover-up has gotten a lot worse than the actual crime."

Another source calls the alleged lying "disgusting," adding that "these are supposed to be the representatives of law enforcement and justice, and they’re acting like criminals."

Fulton County, Georgia, District Attorney Fani Willis previously said the allegations brought against her of having an "improper" romantic relationship with special prosecutor Nathan Wade were made because she is Black. (Getty Images)

The district attorney’s office said it could not comment on allegations that Willis and Wade lied to the court. 

"We cannot make comments about that matter outside of court. We refer you to what was said in court hearings and court filings," Dulton County District Attorney's Office spokesperson Jeff DiSantis said.

All of this comes as the country waits for Judge McAfee to make his ruling on whether to disqualify Willis from the case. 

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While sources told Fox News they believe disqualification is the only path forward, they admit it’s now a waiting game. 

"It’s like waiting for Christmas. We don’t know if we’re getting a present, or coal," one source said.

Another source said that regardless of how the judge rules, "I can’t see this case being tried this year." Sources said that if Willis is disqualified, it would likely take months for a new prosecutor to be appointed and get caught up on the case. 

On the other hand, if Willis remains on the case, any appeal process — known under state law as a certificate of review — over her disqualification could take several months if the judge grants it.

If allowed to move forward with the certificate of review immediately, it’s ultimately up to the Georgia Court of Appeals to decide whether to hear the case. 

While both sides wait for a decision, some sources revealed what their clients are thinking. 

One said their client is "sort of disgusted with the DA and all this stuff coming out."

Another source makes clear that they make it a point to emphasize to their client the importance of not getting distracted by the motion to disqualify and instead to "focus on the battle." 

One source told Fox News that if the judge doesn’t disqualify Willis, "she’s gonna come back like a raging bull and she’s gonna be furious and she’s gonna want to exact a pound of flesh." 

Fulton County District Attorney Fani Willis looks on during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse in Atlanta on March 1. (Alex Slitz-Pool/Getty Images)

Judge McAfee said he hopes to issue a ruling on the disqualification by Friday.