Former President Donald Trump will attend a major hearing in New York on Thursday on charges he falsified business records to hide hush-money payments to a porn star, capping a pivotal week in his campaign-year legal woes.
At the hearing, Judge Juan Merchan will set a timetable for the upcoming trial in Manhattan and address defense motions to dismiss the case.
Separately, an Atlanta-based judge will hold a hearing Thursday to determine whether Fulton County District Attorney Fani Willis has a financial conflict in the Georgia racketeering case against Mr. Trump and 18 co-defendants, given her relationship with a special prosecutor who is being paid to work on the case.
Mr. Trump’s attorney in Georgia, Steve Sadow, confirmed in an email that “President Trump will be attending court in New York on Thursday” instead of the same-day hearing in Atlanta.
The former president faces 34 felony counts of falsifying business records related to hush-money payments made to adult film star Stormy Daniels and two other people ahead of the 2016 election.
Ms. Daniels alleges the payments were designed to keep her quiet about an alleged sexual encounter years earlier. Mr. Trump denies the affair.
The trial is set to start on March 25, meaning it should be the first of four criminal trials to proceed against Mr. Trump while he tries to lock down the GOP presidential nomination.
A federal trial on charges Mr. Trump conspired against the U.S. by trying to overturn the 2020 election results was supposed to start in early March. But it has been put on hold while federal appeals courts mull whether Mr. Trump is entitled to presidential immunity against criminal prosecution.
The U.S. Court of Appeals for the D.C. Circuit said Mr. Trump is not shielded from prosecution. The former president asked the Supreme Court on Monday to pause proceedings so the high court can take up the case, and the justices on Tuesday gave special counsel Jack Smith until Feb. 20 to respond.
In Georgia, Judge Scott McAfee will hear testimony on Thursday from individuals with purported knowledge of Ms. Willis’ relationship with Nathan Wade, a lawyer she hired to work on the case.
A Trump co-defendant in the case, Michael Roman, says Ms. Willis should be disqualified because she financially benefited from payments to Mr. Wade — an allegation the prosecution derided as gossip at a Monday hearing on subpoenas related to the issue.
“I think it’s clear that disqualification can occur if evidence is produced demonstrating an actual conflict or an appearance of one,” Judge McAfee said at the hearing. “The [prosecution] has admitted a relationship existed, so what remains to be proven is the existence and extent of any financial benefit, again if there even was one. Because I think it’s possible that the facts alleged by the defendant could result in disqualification.”
Ms. Willis began investigating Mr. Trump three years ago, based on his efforts to pressure Georgia Secretary of State Brad Raffensperger to dig up enough votes to overturn President Biden’s electoral victory in the state in 2020. A grand jury last year indicted Mr. Trump and his associates.
Mr. Roman filed a bombshell motion alleging Ms. Willis benefited from the prosecution because she hired Mr. Wade, a lawyer, to work on the case and then took luxury trips with him in an apparent romantic relationship.
Ms. Willis acknowledged the relationship in a formal response but said that was no reason to disqualify her or Mr. Wade, saying they maintained separate residences and bank accounts.
“The defense is not bringing you facts, the defense is not bringing you law, the defense is bringing you gossip,” Anna Cross, a lawyer for the state, said Monday. “The court should not condone that practice.”
Judge McAfee said any decision on disqualification will come after his evidentiary hearing on the matter. However, he said the Willis-Wade relationship is “only relevant because it’s in combination with the question of the existence and extent of any benefit conveyed as a result of their relationship.”
Ms. Willis may be required to testify at the Thursday hearing, though Judge McAfee hasn’t ruled on the question yet.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
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