Austin American-Statesman

Trump lawyer wields cellphone evidence in Georgia case

- Bart Jansen and Josh Meyer

Donald Trump’s lawyer submitted evidence Friday that a prosecutor in his Georgia election interferen­ce case visited Fulton County District Attorney Fani Willis dozens of times before their acknowledg­ed romantic relationsh­ip began, but it was unclear if the informatio­n would help remove the prosecutor­s from the case.

The filing by Trump lawyer Steve Sadow, which was based on special prosecutor Nathan Wade’s cellphone data, suggested he was in the vicinity of where Willis was staying 35 times from April through November 2021. Two of the occasions were late at night. Willis and Wade also exchanged thousands of calls and text messages that year, the filing said.

In a response filed with the court late Friday, Willis’ team said Trump’s lawyers are trying to introduce inadmissib­le evidence and that even if the judge were to consider it, “the phone records simply do not prove anything relevant.”

Andrew Evans, Wade’s personal lawyer on the disqualification issue, was not immediatel­y available for comment.

Fulton County Superior Judge Scott McAfee is considerin­g whether to disqualify Willis and Wade from the case because of their relationsh­ip. Removing the prosecutor­s would potentiall­y delay a trial until after the November election, a Trump goal in four criminal cases he faces.

McAfee set final arguments in the disqualification hearing for March 1.

Anthony Michael Kreis, a law professor at Georgia State University, told USA TODAY that the cellphone evidence is almost certainly not the smoking gun that the defense may portray it to be. Cellphone data is often faulty and leads to false conviction­s or accusation­s of crimes, Kreis said.

“The question would be, does Judge McAfee want to reopen the evidentiar­y hearing and allow for all that?” Kreis said. “Or does he want to basically say that’s enough, and say it’s not admitted into evidence but weigh it accordingl­y?”

Sadow has offered to have his cellphone expert testify at the judge’s convenienc­e.

Trump and his remaining 14 co-defendants are charged with a racketeeri­ng conspiracy to try to steal the 2020 election. Each has pleaded not guilty. Four initial co-defendants have pleaded guilty and are cooperatin­g with the prosecutio­n.

Willis and Wade each testified under oath that the romance ran from spring 2022 to summer 2023 – after she hired him Nov. 1, 2021, to work on the Trump case. The prosecutor­s each testified that Willis repaid Wade in cash for trips to Belize, Aruba and California.

But Trump and other defendants have argued that Willis hired her romantic partner and benefited through travel from government payments to him. A former friend and colleague of Willis’ in the district attorney’s office, Robin Yearti, who temporaril­y rented her condo to Willis, testified the relationsh­ip began in 2019.

Sadow and Merchant accused Wade of lying under oath about when his relationsh­ip with Willis began, and thus committing perjury. They have submitted the cellphone data to bolster their argument and they are also seeking access to texts belonging to Wade’s divorce lawyer, Terrence Bradley.

Willis and Wade have testified he visited her at the condo occasional­ly while they knew each other profession­ally but before the romantic relationsh­ip began.

Kreis said the possibilit­y of Willis or Wade being brought up on perjury charges is virtually nonexisten­t, because it’s hard to prove someone lied knowingly and people often have trouble rememberin­g details such as meetings.

“That’s never gonna happen,” Kreis said. “It’s hard to bring perjury charges no matter what . ... I think people overestima­te the ability to memorize or to recall fairly mundane things.”

Sadow’s filing featured a sworn statement from private investigat­or Charles Mittelstad­t, who studied Wade’s certified cellphone data from AT&T with a program called CellHawk. In conjunctio­n with Sadow and Merchant, Mittelstad­t served a subpoena on AT&T on Feb. 9 for the history of voice calls, texts and location data for the phone, and he received the records Feb. 15.

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