you heard from former governor roy barnes and his testimony was significant and important. it -- >> judge mcafee: on this point, you say she was the first choice to lead the prosecution. was that his testimony? was his testimony that he was asked to come aboard? did he use the words he was asked to lead? >> that is my recollection. he was asked to fill the position that mr. wade is currently the lead prosecutor. it was said in that way as it relates to the testimony of mr. barnes. my recollection is he said lead but i know he also said he was asked to fill the position that mr. wade is currently filling for the state of georgia. a quick, as a special prosecutor, lead the investigation, which led to the ultimate prosecution that we are here before your honor today. he indicated the reason he turned that down was because it did not pay enough. he said he had mouths to feed at his law firm and he did not want to live the rest of his life with bodyguards because he had lived that the years he was the governor of georgia. he confirmed the qualifications of mr. wade, which i stil

wade, a former judge you heard from the 80th governor of the state of georgia, roy barnes. you heard from the first female elected district attorney of fulton county, and you heard from her father, who was a 40 plus year practicing attorney and good-standing when he left the practice of law. and what i would submit to the court is that ms yeartie's testimony was nothing more than inconsistent at best based on what i referenced to the court earlier as it relates to other representations that were made by for counsel prior to or those in evidence, would his responses during a motion to quash, which weren't subject to cross-examination by defense attorneys weren't even part of the evidentiary record of the hearing. again, i'm just kind of puzzled by that. you didn't ask the question of maturity. what did you tell your attorney before coming here and then we could have dealt with privilege issues and whatever else i mean, i would agree with the court. does that an evidence, but it was a statement by an officer of this court if the court during a hearing related to her testimony

furthermore, you heard from former governor roy barnes and his testimony was significant and important -->> on this point, you might've had a more recent opportunity to review than i have. you said she was the first choice to lead the prosecution. was that his testimony or was his testimony that he was asked to come aboard? did he use the words that he was asked to lead? >> yeah. that was my recollection. that he was asked to leave the prosecution. he was asked to fill the position that mr. wade is currently in, the lead prosecutor. it was said in that way as well as it relates to the testimony of mr. barnes. i think it's very clear. my recollection is that he said lead. i can submit to the court that i know that he also said that he was asked to fill the position that mr. wade is currently filling for the state of georgia.>> special grand jury prosecutor, right? >> yeah. i guess, leading the investigation which led to the ultimate prosecution that we are here for today. he also indicated that the reason that he turned the job down was because it didn't pay enough. he said he had mouth

roy barnes is quoted in her book saying that he did not want to take the job because, hypotheticallyg, he tells us, do you want to have a bodyguard following you around for the rest of your life? he then gave exactly that same testimony under oath, when he was called as a witness. -- another highly regarded federal prosecutor, who she reached out to, really wanted him to take the job, again, because his wife was concerned about threats to their family, he did not take it. so the idea of that this was a calculated decision to enrich nathan wade for the purpose of helping fani willis out, taking her on trips, it's undercut by the fact, as laid out in the book. >> with that in mind, 20 seconds or so, michael, what are your predictions? >> hard to say. i think the judge showed some skepticism that the trump lawyers and -- they had shown a real conflict of interest here. but he was also open to the idea of doing this on appearance of a conflict standard, which is a much loosey-goosey or standard. you know, it's hard to say. the judge has been pretty poker face throughout this. we're gonna

stake, the receiving of financial benefits, then you would have to believe she was also dating roy barnes, the former governor and banks. if she has this grand plan scheme in order to profit off of the prosecution of this case because that's what they're saying. or saying that she telepathically or pro fetically -- prophetically was able to know that mr. barnes would turn down the position so she could hire mr. wade. it's ridiculous, absurd, and desperate, a desperate attempt to remove a prosecutor from a case for absolutely no reason, your honor. other than harassment. and embarrassment. this slide, and we have been through a lot of the testimony -- >> and i should be clear there. it was not introduced in evidence that mr. banks turned her down. how is that part of the record? >> i'd ask the court to take judicial notices. have been asked repeatedly. >> unless the district attorney testified to that. i don't recall offhand gl i don't recall if ms. willis testified to that. as it relations to the allegations. >> i want to make sure we know exactly what is in the evidence and what is not.

the question is whether she can find somebody of similar stature to a roy barns, if not -- >> any chance this goes to trial before the election? >> no way. >> no way. >> ladies, thank you very much. good to have you. >>> and we're back in 60 seconds. former president trump on and off planes for his campaign. and for court. but what exactly is he going to stand trial, when is he exactly going to stand trial? we have an answer on the georgia case. what about the others? don't go anywhere. go anywhere. i know what it's like to perform through pain. if you're like me, one of the millions suffering from pain caused by migraine, nurtec odt may help. it's the only medication that can treat a migraine when it strikes and prevent migraine attacks. treat and prevent, all in one. don't take if allergic to nurtec. allergic reactions can occur, even days after using. most common side effects were nausea, indigestion, and stomach pain. relief is possible. talk to a doctor about nurtec odt. >>> donald trump is facing 88 criminal counts on retaining classified documents, and of obstruction, hush money p

choice that she'd considered at least one other option, extending an offer to the former governor roy barnes, who declined. so who will take the job? >> yes, she's made this point repeatedly that this was not her first choice and they use that as evidence, so there wasn't some sort of corrupt schemes. she said this is not an assignment that many people would take on. and i believe that letter shells for his courage in taking this on because anytime you go after former president trump and his allies, there are threats to you to your family and possibly chair a livelihood depending on what you do after you finish up that investigation so it's unclear exactly who will take over this case, but to next point, there is an entire office that has been working on this. it's going to take some time though to figure out this new power structure. and that's also part of what pushes this back. in addition to the proceedings that we've watched over the past two months all of this has the effect of delaying the case, delaying the case, and this isn't something that trump attorneys. you have designed. this