sadow: no. judge mcafee: improper. mr.orensic misconduct would include ethical violations which impact the ability of theet a failed -- to get a fair trial as well as impact the court's ability to have faith that the prosecutors are acting in good faith in their own conduct. same idea dealing with the defense counsel in the cases i mentioned, ethical violations can give rise to disqualification in i suggest we have that here. judge mcafee: all right, thank you mr. sadow. >> where is a shot clock when you need it? [laughter] i want to address it directly, what we have is a systematic, continuous pattern, a calculated plan evidencing a design to prejudice the defendants ithis case in the minds of the jurors. this is what we have seen. the problem the district attorney has is not that the district attorney had some sort of brief, off-the-cuff statement in an interaction with a reporter like in williams. we have someone who sat down, wrote out her speech, wrote out her plan, who sat down with the editors of find me the votes a

sadow. mr. floyd, if there are any points that you wanted to address or respond to.ms that the primary case driving mr. sadow's argument would be alvarez because that's a fractured kind of plurality opinion, i'm wondering if you have any thoughts on how that could drive this. the state back in december was citing alvarez as a primary case. i wonder if that's even the best one for your arguments. >> well, i think to address the first, i think, elephant in this courtroom is that a judge in d.c. has evaluated all of these arguments under supreme court precedent already. i would refer your honor to the court's analysis because i'm hardly going to improve upon the findings of the federal judge. however, speaking specifically to alvarez, it is a plurality opinion with several different concurring -- several different opinions written by other justices. what they all agree on, though, is that alvarez doesn't change the law that speech integral to criminal conduct does not product under the first amendment, and that's not what alvarez was about. it was about punishing falsit

sadow asked why she believes they were in a romantic relationship. do you see them kissing or hugging, there was no description about when it occurred, what she actually saw, was it a kiss on the cheek, things of that nature. i would ask you to frame her testimony from that standpoint when you're addressing her credibility. as the court is going to do with each and every witness that you heard during the testimony of all the witnesses during the hearing. i'm going to see if my screen will share. >>> i'll talk a little bit about the standard and the burden here in this instance, as it relates to defense counsel and the claims that they have made in the motion to disqualify, and as i was doing a whole lot of research, i came upon this law review article from cornell, a scholarship reading or publication. and they made very clear that courts have been relatively reluctant to exercise their power to disqualify prosecutors for any reason. and that goes along with the standard the state would split to the court is the defense has to show an actual conflict

i will say one point about the merit argument that sadow was making.was saying that it's protected by the first amendment because donald trump was, as he said, dealing with elections and campaigning. that word campaigning, he should proceed carefully, of course, right? because donald trump right now is asking the supreme court to rule that he is immune from federal prosecution in the federal cases because he was acting in his role as president, not as his role as candidate doing campaign activities. this argument goes against another argument that he is making before the u.s. supreme court, and that's dangerous territory. >> as you were speaking, lisa was looking at me and mouthing so smart. do you want to add something to that? >> what kimberly observed, why his multiple legal troubles and teams are dangerous for him. without any nefarious they will take positions in one place that can be dangerous to positions they're taking in another. as she noted in the federal election interference case that is going up to the supreme court on the question of pre

oral arguments on a variety of different motions, including one filed by trump's lead attorney, steve sadow, in the georgia case. he's going to argue that, look, the whole indictment should be against trump should be thrown out because the actions described in there and in the criminal charges against trump are protected by the first amendment, by the political speech protections in the first amendment, i want to read what say it out, wrote in his in his motion submitted to the court before today's hearing, he wrote the first amendment and affording the broadest protection to political speech and discussion regarding governmental affairs. not only embraces, but encourages exactly the kind of behavior under attack in this indictment. as you mentioned, too, we've heard similar arguments that have been made in front of judge mcafee and in other cases that have not been successful. so it'll be interesting to see if mcafee, how he questions trump's attorney and what how prosecutors pushed back against that argument today in open court, as you mentioned, is it's all gonna be broadcast labs. we wi

we've asked steve sadow who sent us this motion. we've asked ashleigh merchant, who also forwarded this ruling to comment on this on the record and they have not said yet what their reaction is. and that's a big indicator that this is a hue which when again, for fulton county district attorney fani willis and her team, john nick valencia. thank you so much and may take it from here. let's go now to laura coates. laura there are these two ideas. one is whether there was actual proof of impropriety and the other idea that is brought into this case, which the judge mentioned is the appearance of impropriety he said, yes, there was the appearance, but not the proof explain all of this and how this sort of panned out for the judge this was so consequential if you remember at the end of the last hearing, you heard from the da's office, they were defending against this motion to >> disqualify fani willis and the entire team. this question of well, isn't appearance of impropriety and appearance of a conflict going to be enough. most people

sadow. he went white right into the idea of the church speech. >> just a moment. >> when bonnie was went to a historically black church and she spoke about an intimate, the reason they were focusing on nathan wade as but one member of the team as opposed to all others, was because he was a black man. they wanted disqualify him. they wanted to undermine his credentials. they wanted to mask the un and professionally. this was a moment with the actual attorneys took high interest in they suggest that she tainted the jury pool by making that statement and may play out the timing of it. as forget their relationship. the timing of when she made these statements, she had not yet responded in her pleadings to the judge would do the other filings in the motion. she wanted to have this moment and the judges or judges are asking the question, is the ethical allegation that you were raising enough to disqualify they want them to believe it actually is right there. >> who's just i >> believe come into th

they said, it's not surprising is that while respecting the court's decision, again, this is steve sadow who has been the fulton county lawyer for trump. we believe that the court did not afford appropriate significance to the prosecutorial misconduct of willis and wade, including the financial benefits testifying on truthfully about their personal relationship when it began, as well as willis extra judicial mlk church speech, where she played the race card to falsely accused the defendants and their counsel of racism goes on to say, we will use all legal options available to continue to fight to end this case, which never should have been brought in the first place. unsurprising there that they're saying that this is not what they wanted, that they are going to continue to fight this. but if you're talking to people in trump's inner circle, this is good for them. they believe that this it is a win. they believe that fani willis sure. she's staying on the case. that's why they are saying, oh, this wasn't what we wanted, but she does come out of this damage and that's their belief. the ot

sadow. all yours >> i'm going to do. rebuttal specific rebuttal >> one >> state somehow makes an argument that we should have asked mr. wade questions about his relationship and his communications with mr. bradley when they objected over and over and over. and aides counsel objected over and over and over claiming that every thing that bradley was told by wade was attorney-client privilege your honor, made determinations thereafter to bradley. >> we >> didn't get the opportunity to call mr. wade back to the stand. so to claim that you can't impeach him because you didn't ask him when they objected to as ask him is a obviously is a false position to take as disingenuous as it can be now, if the court wants to open it up we'll be more than happy to call mr. wade back to the stand. but as the record stands, there could be no confrontation of mr. wade when both his counsel and the state are arguing that it shouldn't be done second let's let's use little common sense here forensic misconduct received about two minutes worth o

the defense, for example, trump lawyer steve sadow ind kaet kating he's going to appeal the decisionn order to do so the prosecuting counsel in the state of georgia has indicated there would have to be an appeal of this decision to that counsel to review it, and so we're going to be seeing, and keeping tabs on what happens. >> any news yet from trump's legal team? >> other than the fact that they've indicated that they're interested in appealing this decision, they've also indicated that they are disappointed with the decision, stating that the court did not afford appropriate significance to the prosecutorial misconduct of willis and wade but those are the arguments advanced during the course of this multi-day, multi-hour evidentiary hearing. >> greg, we have an ultimatum for fani willis, does that surprise you? >> i don't know how surprising it is. it cures this legal problem, but it comes is a steep price. nathan wade is experienced, tenacious, and has been involved for three years now. her credibility has been under attack through these extraordinary hearings that could undermine

sadow honest record or mr. floyd, if there are any points that you wanted to address or respond to eyeball start. i'll maybe i'll start you off with this and it certainly seems that the primary case driving, mr. sato's argument would be alvarez and, you know, because that's a fractured kind of plurality opinion. i'm wondering if if you have any thoughts on just how much that can drive this. and another state back in december was also citing alvarez is primary case. i wonder if that's even the best one. well, for your arguments, i think >> to address the first, i think elephant in this courtroom, is that a judge chutkan in dc has evaluated all of these arguments under supreme court press up already so i would refer, your honor, to the courts analysis because i'm hardly going to improve upon the findings of the federal judge. however speaking with specifically to alvarez, that it is a plurality opinion with a several different concurring several different opinions written by other justices what they all agree on

sadow. is that not once does it reference the fact that at&t records commonly have duplicate and triplicate entries within the call detail records that is something that is commonly seen and that is something that has seen in these records. and that is something that leads to the incorrect number of times that has been alleged, that ms willis and mr. wade were in communication through texts and voicemails. and i'd also some the court that that number doesn't prove anything again, doesn't prove that anybody's in a relationship it proves that they were in communication with each other and i think, your honor, can use your own life experience as it relates to people you work with or friends that you are close with. and the nhl number of times that you make calls to any of those people. i can submit to the court that i have a friend who i have been friends with for 15 years and she worked in the office previously with me. and based on our professional relationship and our personal relationship,

listen to the exchange between steve sadow, trump's attorney and i'm awake vered for the fulton county da's office >> i don't think there's any question that statements comments, speech expressive conduct that deals with campaigning or elections has always been found to be at the zenith. of protected speech. >> it's almost saying that because these statements are false, that these charges, you should be dismissed it's like, well, you can't punish falsity on its own and yet each time you look at the charge, the government saying the state is saying that he lied so that must be the end of the array. but that's not the end of the inquiry at all. that's not what the indictment says >> the judge also heard arguments for the attorney for dave schafer, who's the former state head of the gop party here in georgia. the point man of the so-called fake electors scheme, who tried to argue that his client was not trying to subvert democracy by participating as a fake elector, but rather trump hi to give his candidate a legal fight a chance to challenge this election. so we're still waiting for judg

takes willis to task over, quote, this tremendous lapse in judgment tonight, trump's attorney, steve sadow, says he will use all legal options available as we continue to fight to end this case. also tonight, trump's former vice president, mike pence, tells fox news, he will not endorse trump, in part because of his actions on january 6th >> donald trump is pursuing and articulating an agenda that is at odds with the conservative agenda that we governed on during our four years, and that's why i cannot in good conscience endorse donald trump in this campaign >> reporter: yet another political headwind for a candidate already facing several legal ones blayne alexander, nbc news, atlanta. >> and laura jarrett back with me laura, we know the manhattan case is delayed. we talked about that but what's the story in georgia where does that move forward from here? >> well, lester, this was already unlikely to happen before the election, and after this two-month detour over the prosecution team, the chances now even more remote the d.a. now has to figure out a new lead prosecutor, plus, the judge s

there are these cell phone records and cell phone location data that steve sadow wants to admit. if judge mcafee decides those are appropriate to look at, we might be looking at a little bit longer period of time before he makes an eventual decision. but eventually he will come to a decision that either fani willis needs to be disqualified because there is a conflict of interest here, or there isn't. i tend to believe that even if there is a problem with fani willis and nathan wade's veracity there that there isn't a disqualifying interest here. where it leaves us is the case would likely stay with the fulton county's d.a. office, but if he finds that they were not credible and that they lied on the stand, the consequences for them personally would be ethical ones and ones that would be referred to at least the georgia state bar and they may have problems beyond that too. so we may end up with a d.a.'s office that retains the case, and a d.a. and her special prosecutor that have individual problems that go far beyond this case, jose. >> and, katie, things changed when that affida

sadow, he talks about why she believed they were in a relationship. and what was interesting from miss yeartie's testimony that they were very close friends of until she left the d.a.'s office, that she asserted to the court that on a yearly basis, miss willis said, i'm in a relationship with mr. wade in 2019. o, by the way, i want to tell you again in 2020, because we we are in a new year, i'm still in a relationship with mr. wade and again, in 2021, the assertion is ms. willis than went back to miss yeartie and confirmed, i want to read, -- reconfirm me and mr. wade are still in a relationship. it is absurd. it is absolutely absurd. more importantly, when mr. sadow asked her about why she believed that they were in a romantic relationship based on her own observations, she said something, he said he actually asked her, you -- did you see her kissing and hugging? she said yes but there is no description or qualification about when it occurred, what she actually saw, was it a kiss on the cheek, things of that nature. i would ask you to frame her testi

re-indict, but in the immediate, this is being celebrated by trump's attorney here in this case, steve sadow saying that this is an indication that the entire indictment should be dismissed. now, we don't want to confuse our viewers here. we are still waiting for judge mcafee is decision as to whether he's going to remove fani willis from prosecuting this case. you didn't mention in a recent interview with wsp radio in atlanta that he's going to have his decision by the end of this week. it's something that he reiterated to us in a chance encounter earlier. are supervising producer jason morris ran into scott mcafee outside of the steps of the courthouse where he did reiterate to cnn that he plans to have a decision on the timeline he has given himself dana ok. nic. >> thanks so much for that reporting. moments ago we heard here in washington from congressman jamie raskin, the top democrat on the house oversight committee, whose says he is not concerned about the judge's parse partial dismissal rather listen. to me is a reflection of the rule of law. >> i mean, without >> opining on this spe

attorney steve sadow said and that attorney for trump here in georgia, steve sadow says he is going to appeal this decision, which is likely to lead to even more delays prior to these claims coming forward. and these disqualifications, disqualification hearings, fani willis had asked for an august trial date, though it is still unclear she can get this case back on track for a trial before the november election. >> while nick valencia reporting for us. thank you very much. let's break all of this down with our legal and political experts and laura coates, let me start with you. finally, willis survive today, but not without very serious damage, right? >> there were some really, really thought-provoking and condemning statements that were made about fani willis and a lapse of judgment. the judge went on to talk about these issues in detail, including how he felt about her testimony and the credibility of various witnesses. remember these were all attorneys primarily who were testifying, save a couple of one who was a former employee of that office and say you're talking about lawyers ve

sadow, mr. gilliam will be talking more about the forensic misconduct piece of it ms willis is church speech statements made to the media. fraud on the court. frankly, and the book that she gave several interviews for. so i won't be discussing any of those issues. so you if you'd like to ask me, certainly i can try to address them, but that is going to be the focus of their presentation and then towards the end, other folks may have issues specific type arguments, either in follow up to mine or the forensic misconduct, but those are the two lanes that we're going to be covering, but i'm gonna do the conflict piece of it for you on that issue. your honor this is a matter of first impression in georgia. i can't find a single case that's been published by the court of appeals or the supreme court. that is based on these facts. there of course, number of different appellate court cases that deal with conflict related issues. and more importantly, appearance of conflict related issues and some of tho

attorney steve sadow said trump's georgia attorney steve sadow is expected to appeal the decision which could lead to more delays prior to these allegations surfacing against fani willis. she had asked for an august trial date. what's unclear is if she can get this case back on track for a trial before the november election. unlike the federal charges that trump faces, state charges have different implications because even if trump wins the 2024 election, he would not be able to pardon himself from this case. danny amara >> nick valencia. thank you very much for more on this. let's get right over to constitutional law professor anthony michael christ. all right. anthony, i know that you were on tv for many hours yesterday, dissecting all this. you've been watching the case basically since the beginning tell me you've had a chance to sleep now that you've done that, does this feel like the right decision by the judge? >> well, i think it really is the what's prudent decision that he can make because he can keep the case in the hands of fani willis and fulton county district attorney's of

basically the attorney for donald trump steve sadow was making the argument that the allegations in thisl speech and were protected by the first amendment. the state pushed back on that and basically said that everything that was being alleged is part of an underlying act that makes up the alleged criminal conspiracy for which the former president is being charged as well. here's a little bit of what we heard in the courtroom. first hear from steve sadow, the attorney for trump, followed by the argument from the state. >> clearly being president of the united states at the time dealing with elections and campaigning, calling into question whether what had occurred at least in the election of 2020 for president, that's the height of political speech. >> he's free to make statements and to file lawsuits and to make other legitimate protests. what he is not allowed to do is employ his speech and his expression and his statements as part of a criminal conspiracy to violate georgia's rico statute, to impersonate public officers, to file false documents and make false statements to the governm

we did hear from steve sadow, he's the attorney for the former president, and we should expect an appeal but in the meantime, big questions remain. when will we see nathan wade's resignation letter? that is one of the most principal questions. and will the district attorney's office be able to get this case? back on track before the election. >> will mid valencia with the latest thank you very much. let's continue this discussion with our analysts joining us now, cnn chief legal affairs correspondent paula reid, our national correspondent, kristen holmes, and cnn senior legal analyst, elie honig who is a former federal prosecutor paula, let me reiterate or repeat what we just saw. part of the ruling. very strong words from this judge. this finding is by no means an indication that the court condones this tremendous lapse in judgment or the unprofessional manner of the district attorney's testimony during the evidentiary hearing. that's very very strong language. yeah. there's a lot of strong language in here. this is an incredibly high stakes decision, and the judge had to show his work.

>> yeah, look, steve sadow is feeling pretty good right now.trump also asked for a rico charge to be dismissed, which judge mcafee said, no, we're not -- i'm not going to dismiss. trump is left with ten counts against him. i think it is really interesting when you juxtapose this pace, a large sprawling rico indictment with jack smith's january 6th case, which is lean and mean, he could have charged that case as a conspiracy, but he chose to focus on one individual defendant, donald trump, because he wanted to get that case in or wants to get that case in before the election. this is what happens in rico trials. this is, you know, maybe this specifically couldn't have been anticipated, but when you have a case of this magnitude, and this many defendants, and this many defense attorneys coming up with their own ideas with motions to dismiss, you get these big bulky omnibus motions where different defendants are, you know, saying -- putting their hat into the ring with different motions, a lot of collaboration and it is their due process rights to

sadow, mr. gillum will be talking more about the forensic context, ms.lis's church speech, and the book that she gave several interviews for. i won't be discussing any of those issues, so if you'd like to ask me, certainly i can try to address them. that's going to be the focus of their presentation, and then towards the end, other folks may have issues specific type arguments either in follow-up to mine or the forensic misconduct. those are the two lanes we're going to be covering. i'm going to do the conflict piece of it for you. on that issue, your honor, this is a matter of first impression in georgia. i can't find a single case that's been published by the court of appeals or the supreme court that is based on these facts. there are, of course, a number of different appellate court cases that deal with conflict related issues and more importantly appearance of conflict-related issues and some of those are base instead state law. some are based upon the sixth amendment right to due process that's implicit in all of what we're doing here today. i want

attorney steve sadow said trump's georgia attorney steve sadow is expected to appeal the decision which could lead to more delays prior to these allegations surfacing against fani willis. she had asked for an august trial date. what's i'm clear is if she can get this case back on track for a trial before the november election unlike the federal charges that trump faces, these state charges have different implications because even if trump wins the 2024 election, he would not be able to pardon himself from this case. danny amara, nick valencia. thank you. joining us now for more on this let's cnn legal analyst, joey jackson. good morning to you. always great to see you. okay. so nathan wade has resigned, which means that fani willis can stay on the case. what's a reaction to the judge's decision? especially hearing the sharper rebuke from him, saying things like finding willis had a tremendous lapse in judgment. there was a significant appearance of impropriety what what is your take >> yammer. good morning to you. i think it was right on the law and right on the facts. why three broad i

and i do just want to read for you what steve sadow sadow, one of donald trump's lead defense attorneys in this case said about this decision, he said, quote, the ruling is a correct application of the law as the prosecution failed to make specific allegations of any alleged wrongdoing on those counts. the entire prosecution of president trump is political constitutes election interference and should be dismissed. now, wolf, this is the type of rhetoric we have heard repeatedly from donald trump's team, both his political campaign, end his legal team that these charges are political. it's interfering in the election, and they also to michael's point, they really want to see this trial either dismissed or delayed beyond the election. that's really what they're hoping for. this didn't really go far in the way of those goals. >> michel does this dramatic development today tell you anything about how the judge will decide on fani willis's potential disqualification? >> it really doesn't. >> i mean, other than the fact that there's some indication there could be a delay it just doesn't give

attorney steve sadow said trump's georgia attorney steve sadow is expected to appeal the decision which could lead to more delays prior to these allegations surfacing against fani willis. she had asked for an august trial date. what's unclear is if she can get this case back on track for a trial before the november election. unlike the federal charges that trump faces state charges have different implications because even if trump wins the 2024 election he would not be able to pardon himself from this case. >> all right. thanks so much. a nick valencia here to discuss is former maryland prosecutor and the author of get off my neck. black lives, white justice, and a former prosecutors quest for reform will take about your book and a moment, debbie hinds. thank you so much for being with me. so let's talk about this georgia subversion case of 1st da fani willis likely has a deep bench on the team, right? lead prosecutor wade had more of a team manager roles, so legal victory for willis. she's still has a team. is wade easy to replace >> she had a difficult time even getting a special pros

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i mean, steve sadow, his attorneys calling it a victory, how does he see what happened today? >> trump in his socks are very happy about what happened today, but it is a temporary victory. it will be the bigger question is going to be it happens in terms of fani willis staying on this case, but this case is being fought and they all are but this one in particular, the georgia case, is fought on a pr grounds because there is an expectation this will not get heard this year at the rate that it's going. and so anything that trump and his team can do to chip away at a perception of validity in their minds is a good thing again legally this is a temporary win. but in the political realm, this is helpful to him. >> i mean, they kinda take the winter, they can get because they've had so many losses lately, but tomorrow, he is going to be in that courtroom in florida. he doesn't have to be there. right >> i know we've talked about how it's a political strategy, but is it also a legal strategy to show? >> i'm showing up here. i care about this to judge cannon in any way. >> i think it'

we got a statement from trump's lawyer, steve sadow. he essentially said, while respecting the court's decision, we believe that the court did not afford appropriate significance of the problem let's take each auriol misconduct of willis and wade, including the financial benefits testifying on truly about when their personal relationship began, as well as well as extra judicial mlk church speech, where she played the race card and falsely accused the defendants of their and their counsel of racism. then he continues and says, we will use all legal options available to continue to fight to end this case. what should have never been brought in the first place? that's exactly what you'd expect, right? they're not happy. fani willis gets to stay on the case >> that >> moving forward, they want this case would be dismissed. however, when you actually look at how they're going to use this, donald trump is going to repeat some of these lines and rallies. and i'm getting a lot of pushback already online for saying that donald trump trump is goi

but i think it's going to be very difficult i thought steve sadow, trump's lawyer did, a phenomenal jobl: you are referencing in georgia this is a pre-trial argument to your point it comes end result supposed to be justice in a courtroom. i have been of the opinion the process is the punishment. dragging him into a courtroom for all of these various cases in and of itself becomes the punishment? absolutely. as the prosecutors are want to say even when they lose a case, you didn't do the time but you took the ride. >> will: right. it's also that way in civil trials as well. i don't want to deal with the punishment that is the process of our justice case that caught my attention the justice department or is it, yeah. they have asked google to turn over the viewers of a video, reports say from forbes say the feds ordered google to reveal the identities of certain viewers to track down some who were suspects for buying bitcoin for cash. here's -- this is the description of their report undercover agents links youtube asked google for the information of who had viewed the videos. been watche

basically today, steve sadow arguing that everything alleged in the indictment fell under first amendment protection, that it was nothing more than political speech. the state pushed back on that, of course, basically saying that all of those allegations contribute to the overall charge of a criminal enterprise. take a look at what happened today in court. >> when you look at the allegations against president trump, all of the allegations, all of the allegations involved expressive conduct or speech. we have false statements alleged in overt acts, and, again, all of which are political core value, political discourse. >> what we have heard here today is an attempt to rewrite the indictment, to take out the parts that are inconvenient and say it's all speech, all talking, and he was just a guy asking questions and not someone who was part of an over arching criminal conspiracy trying to overturn election results for an election he did not win. >> reporter: to underscore what we saw in court today was fairly routine. we saw defense attorneys doing what they do, trying to get the charges dis

sadow is that not once does it reference the fact at&t records commonly have dub pla kit and triplicate duplicates and seen in these records. that is something that leads to the incorrect number of times that it's been alleged that ms. willis and mr. wade were in communication through text and voicemail. i also submit to the court that that number doesn't prove anything, again. doesn't prove that anybody's in a relationship. it proves that they were in communication with each other and i think your honor can use your own life experience as it relates to people you work with or friends that you are close with and the number of times that you make calls to any of those people. i can submit to the court that i have a friend who i've been friends with for 15 years and she worked in the office previously with me, and based on our professional relationship and our personal relationship the friendship that we had and still have, that we talk -- 30 times a day. that doesn't mean we're in a relationship. so the assertion that the number of times that ms. willis and mr. wade had spoke ton each ot

. >> it's exactly what donald trump's attorney, steve sadow, and many of the other defense attorneys told the judge should be enough to remove her from the case. they said that there is enough in georgia law that should mean that an appearance of a conflict should get her kicked off, but that is exactly what the da argued against telling the judge immediately after we saw all of those, you know, high stakes evidentiary hearings saying that there is no case law, that just an appearance of conflict should lead to a disqualification, and urged the judge, really, really, in this, i think it was a 17 page filing saying there must be an actual conflict of interest. and as we just heard from aaron, the judge ultimately found that there was no actual conflict of interest, that the trips that they took together, that the money that was paid by nathan white's card member fani willis said she paid that back in cash, that she had no financial benefit. and that should dispel any idea that she had a financial stake in keeping the case going. so when the judge heard that, it seems that that seemed

just got a statement from steve sadow, the lead georgia attorney for the former president in this fultonis is good news for the former president, his legal team. here is a little bit of that statement. i want to read to you. he says within the last 15 minutes, the court made the correct legal decision to grant the special demurrers and quash important counts of the indictment brought by d.a. fani willis. the court made and he talked about the entire indictment, the entire prosecution of president trump is political, constitutes election interference and should be dismissed. so, that's what the former president's attorney is saying today. now, it is important to point out three of the counts have been dismissed. the former president is still facing ten counts here in georgia. and the judge actually made provisions and is allowing for fani willis should she so choose to seek a reindictment on those now quashed charges. so, that certainly is something. i spoke with a source who is familiar with the d.a.'s thinking, and i understand that the entire order this morning is under review by her o

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attorney steve sadow said, those close to willis note the judge wasn't buying the idea that willis devised a financial scheme to enrich herself. and they're glad she could stay on the case but now she might not be able to take the case to trial before the november election. >> and nick valencia joins us now from atlanta. now that the judge was another, the judge has ruled neck that she can stay on the case and prosecuted. do we know more about when it might actually go to trial? >> well, trump's >> georgia attorneys expected to appeal the decision which could lead to more delays. anderson previously before these charges are before these allegations surface against fani willis, she'd asked for an august trial date and she was on track for that right now, the question is, can she get it back on track before the november election? unlike the federal charges that trump faces, the state charges have different implications because even if trump wins the 2024 election, he would not be able to pardon himself from these state charges. >> anderson, nick valencia. thanks so much perspective now from

steve sadow, the former president's attorney here in georgia, has filed this along with eight other attorneys for co-defendants in this case, 840 the teen including the former chief of staff, mark meadows, and the personal attorney for donald trump, rudy giuliani. and what they're saying here is they're asking the appeals court to overturn judge mcafee decision and some really scathing language in this legal filing. this is what they're saying in part. >> d. willis has covered herself and her office and scandal and disrepute the trial court's decision not to disqualify da willis under these circumstances is a structural error, a violation the defendants due process rights and seriously denigrate the public's confidence in the integrity of the criminal justice system. we did reach out to the fulton county da's office. they declined to comment, but we should expect the response in writing. and so once the georgia appellate court has both those responses, they'll have 45 days to decide what to do next. but obviously, this really underscores just how fani willis is disqualification still lingers

you'll remember that stave sadow, president trump's lawyer, wants to put in some cell phone records that he thinks further corroborates the existence of a relationship between willis and wade before the point in time they're willing to admit they had a personal relationship. that is another variable here for judge mcafee to consider as he weighs his opinion. >> let's talk about judge cannon, who we thought maybe on friday would set a trial schedule for the classified documents case in florida, did not happen. do we know anything now about that? >> we don't. and i personally didn't think judge coop was going to set a trial date. i actually thought there would be a very overt request from trump's lawyers and indeed there was, not to schedule the trial date until after the election, if at all, because they have a presidential immunity motion to dismiss pending in that case as well. and they may say their client's right to be immune not only extends to his ultimate liability in the case, chris, but also his right to be free from the burdens of trial. and if that's the case they may convince

trump attorney stephen sadow argue the former president's efforts to overturn his 2020 election law were against president trump that is not political speech. he is not being prosecuted for lying. he is being prosecuted lying to the government, an act which is illegal because it does harm to the government. >> reporter: this is the first hearing in the georgia trump case since march 15 when special prosecutor nathan wade resigned from the case as a condition for district attorney fani willis to continue prosecuting it. david, the defense is expected to appeal the judge's decision not to disqualify the d.a. all together. back to you, david. david: jonathan serrie, thank you very much. for more on this let's bring in gregg jarrett, fox news legal analyst, author of the constitution of the united states and other patriotic documents. there is the book. gregg, thank you for coming in. first question, how will fannie's mess, it was a disqualification, it wasn't a trial, a hearing. how will that affect trump's case? how will they squeeze that into their argument? >> well i think it is a separa

first, you mentioned steve sadow, you read a little bit about his statement. i want to see a bit of a statement from ashley merchant, something before this saga got under way was a really unknown character in all of this and she has shot to the forefront as the person who unearthed this allegation. she says in part, while we believe the court should have disqualified willis' office entirely, this opinion is a vindication that everything put forth by the defense was true, accurate and rest surrounding our client's right to a fair trial. i asked do they plan to appeal, do they not? and she said just like the rest of the case, she is waiting to see what the d.a. does and that would impact their own steps going forward. she also says she is going to take time and talk it over with her client. as for the d.a. fani willis, she has a couple of options. the one most people would look at, that she should be be disqualifying wade and remove him from the case and she is able to proceed. but she has the option to appeal this, if she so chooses. so certainly, it is going t

split the baby here and says that he expects the defense attorneys in this case it's primarily steven sadow, the defense attorney for former president trump, to appeal this decision >> i hope and expect that the criminal defense lawyers in this case will appeal this decision. and i hope the georgia court of appeals has a different view than scott mcafee so the big things that we're waiting for here are nathan wade's resignation and to see what phase next, what happens >> next with the district attorney's office. will we hear from fani willis no indication now, at this point, but the big question here is, will they be able to get this case back on track before the november election? >> morse tough odds to see the trial take place in august, as they had been forecasting, nick valencia live from atlanta. thank you so much. let's discuss the case now with national security attorney bradley moss bradley. thank you so much for being with us so, judge mcafee here is saying that there is no effective conflict of interests that the relationship between fani willis and nathan wade was not relevant to

. >> of >> protected speech, >> which i'll, steve sadow objecting to the charges against trump arguing his client was protected by the first amendment when he spread lies and conspiracy theories about the 2020 the election being stolen >> and we won the state >> noticeably absent from thursday's pretrial motions hearing, fani willis, who spoke out saturday at a community event. >> i'm not embarrassed. mighty thing. i've done the fulton county de narrowly survived staying on the case after more than two months of hearings and court filings in an effort to disqualify her over her romantic relationship with a former lead prosecutor on the case. nathan wade. >> i do think that there are efforts to slow down and strain, but the train is coming. >> but today the focus was back on the facts of the case in the first hearing since those efforts were ultimately unsuccessful per team minus the recently resigned wade arguing trump was not being charged for lying, but rather because the lies he told incited a crime under georgia law. an act which is illegal because it does harm to the government. t

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