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No Privilege: Fani Willis’ Lover’s Law Partner Must Testify

What did he know and when did he know it?

Georgia Superior Court Judge Scott McAfee sent out notices Monday, February 26, announcing a big win for Donald Trump and a significant loss for Fulton County DA Fani Willis. Attorneys in the case were told that hearings will likely re-start immediately, and they will feature testimony from Terrence Bradley, previously a law partner to Mr. Nathan Wade, the lead prosecutor in the election interference case against Trump, and Ms. Willis’ erstwhile lover. Mr. Bradley is expected to implicate Ms. Willis and Mr. Wade as liars, possibly as soon as Tuesday, February 27.

Fani Willis is the Democrat Georgia prosecutor who charged Donald Trump and many others for contesting the results of the Georgia 2020 presidential election. Her office charged the group with a criminal conspiracy, using a state government analog to the fearsome prosecutorial tool of the RICO statute. Now it appears Willis may be implicated in a crime herself, perjury, regarding the date she first became romantically involved with Wade.

Did Wade and Willis start dating before she appointed him prosecutor to “get Trump” and showered taxpayer cash on him? If yes, then her appointment is suspect and may be cause for Trump and his co-defendants to get the charges dismissed.

Fani Willis on the Hook

New banner Legal Affairs with ScottMr. Bradley was Mr. Nathan Wade’s law partner, and he testified on Friday, February 16, that he could not answer specific questions about when Ms. Willis and Mr. Wade began their romantic relationship due to attorney-client privilege. Mr. Bradley was listed as an attorney for Mr. Wade in the latter’s divorce proceeding. It has been unclear if Bradley was engaged in a substantive representation of Wade or acted as a pass-through for Wade to represent himself. Now, he will have to tell the truth and can’t refuse to testify.

If Mr. Bradley only learned facts about Ms. Willis and her relationship with Wade through his legal representation, then he can’t testify. If, however, he found out about their sexual escapades through casual conversation or otherwise, then he must say what he knows. The attorney-client privilege belongs to the client – unless the client waives it, or a judge rules the answer to a question does not implicate the privilege. Reports indicate Judge McAfee interviewed Mr. Bradley for an hour and a half on Monday before issuing his ruling. McAfee conducted what’s called an in-camera examination, where he discussed the issues with Bradley without attorneys for the prosecution or defense present.

Judge McAfee noted that there was a “very short window” to having Mr. Bradley appear due to his health issues. The clients and attorneys may “appear virtually via Zoom.”

Defense attorneys are separately seeking to introduce phone records of communication between Mr. Wade and Ms. Willis. Court records show they called each other more than 2,000 times and texted nearly 10,000 times during an 11-month period in 2021. That’s an average of six calls a day for 11 months straight and 30 texts a day. McAfee will determine the admissibility of the records at a hearing on Friday, March 1.

Donald Trump and his co-defendants would like to disqualify the entire DA’s office, alleging an “improper” relationship between Willis and Wade. Judge McAfee is hearing testimony to rule on a petition to have them tossed off the case.

Read More From Scott D. Cosenza, Esq.

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