HIGHLIGHTS: The District Attorney Fani Willis Testimony

MERCHANT: “Isn’t it true that you met Mr. Wade October 2019 at a judges conference?”
ATTORNEY 2: “I’m going to object. We haven’t gotten to the point where Ms. Willis should be treated hostile in this — “
WILLIS: “And I very much want to be here, so I am not a hostile witness. I very much want to be here.”
UNKNOWN: “It’s not so much that you’re hostile, Ms. Willis. You’d be an adverse witness. Your interests are opposed to Ms. Merchant’s.”
WILLIS: “Ms. Merchant’s interests are contradic — contrary to democracy, Your Honor, not to mine.”
JUDGE: “All right.”
MERCHANT: “I just ask — “
JUDGE: “Keep things moving. Ms. Merchant, next question, please.”

WILLIS: Fulton County and the State of Georgia both pay me direct deposit.
MERCHANT: Okay. So the cash that you would pay him, you wouldn‘t get it out of the bank.
WILLIS: I have money in my house.
MERCHANT: You have money in the house, so it was just money that was there.
WILLIS: When you meet my father. He is until you as a woman, you should always have, which I don‘t have so let‘s don‘t tell him that, should have at least six months in cash at your house at all time that I don‘t know why it is old black man feels like that but he does. Growing up, my daddy had three safe so now my father bought me a lockbox and I always keep cash in the house. Now, I don‘t do it to the degree that my father would do it. So he you‘d probably be shamed with me. But I always have cash at the house that has been I don‘t know all my life. If you‘re a woman and you go on a date with a man, you better have $200 in your pocket. So that man acts up. You can go where you want to go. I keep cash at my house and I don‘t keep cash is good in my purse like I used to, I don't go on many dates, but when you go on a date should have caching your pocket.
MERCHANT: So where did that cash originally come from? If it hadn‘t came out of the bank?
WILLIS: Cash is fungible. Cash for years in my house. So for me to tell you the source of when it comes from when you go to publix and you buy something, get $50, you throw it in there when it‘s been my whole life, when I took out a large amount of money on my first campaign, I kept some of the cash of that like to tell you I just have cash in my house. I don‘t have as much today as I would normally have, but I‘m building backup now. You just put money and it‘s a very good practice. I would advise it to all women.
MERCHANT: So you can't identify when you came into this cash or where the cash came from?
WILLIS: I didn‘t say I couldn‘t identify it. Nobody gives me anything. I am sure that the source of the money is always the sweat and tears of me, which you asked me for, is when did the money go in there? What I am trying to tell you is so I got divorced in 2005 from my husband. You said "where did the money come from" So I need to tell you where the money came from so for many, many years, I have kept money in my house. That money in my worst days has probably only been 500 or thousand dollars at my best days, I probably had $15,000 in my house, cash in my house, at all times, there‘s going to be cash in my house or wherever I‘m laying my head.
MERCHANT: The money that you paid Mr Wade, the cash in October of 2022, you do not know where that money came from?
WILLIS: It came from my sweat and tears.
MERCHANT: Do you know which job it came from. Did it come from Fulton County or did it come from a private job?
WILLIS: I don‘t, what are you talking about? So it could have come from a private job because before I was da I was in private practice. So I earn money during that time period is probably in there.
>> Can move on. Okay. Thanks.

MERCHANT: “Same with Aruba, you don’t know where that cash came from either, right?”
WILLIS: “Ma’am, you’re mischaracterizing my testimony greatly. I‘m not going to allow you to mischaracterize my testimony. I know that I keep money in my house. The amounts of money I gave to Mr. Wade, it was never that serious. I don‘t think I‘ve ever handed him more than $2,500 in a reimbursement. So, we’re not talking about $20,000 in cash. I don‘t have $20,000 in cash right now. The most I ever gave him, I know I gave him $2,500 when we went to Belize, because we went to one hotel and then we went to a second hotel. That $2,500 I actually gave him while we were still in Belize. I know that the Aruba trip, the one that you described with his mom, I think I gave him about $2,000 for that trip for, like, total.”
MERCHANT: “His mom went to a Aruba with you?”
WILLIS: “The Aruba trup, so I consider that to be one trip. So, we got off of a cruise ship, and then we went to Aruba, which is why I cannot remember is that the time that we had to stay in Miami to wait for the flight for Aruba. So I consider that one trip, but we didn‘t, like, come back to Atlanta and leave. We went — we flew down to Miami, we got on a cruise ship. We spent a couple of days with his mama. We came back to Miami. When we came back to Miami, either that day or the next day, we flew to Aruba. We spent a few days in Aruba and we came back. That was really one trip that even though we went two places, it was one trip.”

WILLIS: He's never been to South Fulton. In 2019 I lived in South Fulton. He has never been to my residence in 2019. Ever. Not once.
MERCHANT: In 2019 he's never been to your residence, anyplace?
WILLIS: I lived in my home in South Fulton before I started getting the threats that were here, a house I paid for with my own sweat and tears, I'm no longer able to live there. But in 2019 I did, and in the 2 months of 2019 that I knew Mr. Wade, 3 months, the begininng of October, all of November, and all of December. Mr. Wade never came to my house in South Fulton. Let me help you out. I lived there in 2020. He never came to my house in 2020, let alone live with me, as you put awfully in these documents. In the first 3 months of 2021, Mr. Wade never came to South Fulton and it is certainly a lie that he lived with me.
MERCHANT: So you said 2019, 2020. Did Mr. Wade ever visit you at a place that you resided?
WILLIS: He has never been to my home in South Fulton. 2020 was before I knew that a phone call was going to be made, and I was going to have to abandon my home. As a result thereof, he never visited, lived at, came to, or has seen South Fulton.
MERCHANT: You qualified that with your home in South Fulton, I’m asking —
WILLIS: That’s where I lived in 2020!
MERCHANT: In 2020 did he ever visit you at a place that you resided?
WILLIS: Okay, I don’t understand, you’re gonna have to give me guidance. In 2020, I lived in South Fulton. That’s the only place I lived, in South Fulton. That’s before I had to abandon my home, Judge. And at my home in South Fulton —
[CROSSTALK]
MCAFEE: Ms. Willis, that’s, I’m gonna have to caution you. This is going to be my first time I have to caution you. You have to listen to the questions as asked, and if this happens again and again, I’m going to have no choice but to strike your testimony. So I need to break this down. Ms. Merchant’s question, I believe, is, asking whether you lived anywhere other than South Fulton.
WILLIS: I did not live anywhere but South Fulton, Georgia in 2020. Before I began the prosecution of this case, and it was plan to only live there.
MERCHANT: Did Mr. Wade ever visit you at the condo that you leased?
WILLIS: He visited that condo, yes.
MERCHANT: He did?
WILLIS: Yes.
MERCHANT: Did he ever spend the night at that condo?
WILLIS: No.
MERCHANT: Just visit?
WILLIS: Yes. But he did visit for sure.

MERCHANT: “Did you tell anyone at Fulton County Board of County Commissioners about your relationship with Mr. Wade?”
WILLIS: “No.”
MERCHANT: “Did you disclose your relationship to anybody at Fulton County?”
WILLIS: “No, I don’t think so.”
MERCHANT: “And as the chief law enforcement officer of Fulton County, I assume that you’re familiar with the county code and ordinances?”
JUDGE: “I’ve said we’re not going to cover that in this hearing, Ms. Merchant.”
MERCHANT: “I’m sorry, Judge?”
JUDGE: “We said we weren’t going to cover the county regulations.”
MERCHANT: “Okay, I won’t. May I ask you this, then? So, are you aware that you’re required to disclose any relationship with someone that you contract with in Fulton County?”
UNKNOWN: “I'm going to object [inaudible]”
JUDGE: “Will this be different because it’s potential for impeachment?”
MERCHANT: “Yes.”
WILLIS: “What did you ask me?”
JUDGE: “Ms. Merchant, you can re-ask the question.”
MERCHANT: “Okay. Are you aware that Fulton County requires you to disclose any relationship with someone that you’re doing business with?”
WILLIS: “I’m not aware. And I know often that things are confused with state constitutional officers and county, but I’m not aware.”

SADOW: “Who in the prosecution team prior to — I guess, the motion being filed by defendant Roman — who in the prosecution team knew of your personal relationship, and now I’m talking romantic, with Mr. Wade?”
WILLIS: “So, sir, I am extremely private.”
SADOW: “All I ask is who knew.”
WILLIS: “No, no, no.”
SADOW: “It’s now — if the answer is no one knew, that’s fine. I ask you who knew.”
JUDGE: “Answer and then explain, Ms. Willis.”
WILLIS: “I am very private. When I supervised Mr. [inaudible] and Mr. McAfee, they didn’t know who I was dating, but I can assure you I was dating somebody, so that I kept something private, that’s my private life, is not any mystery to anyone. It’s like a woman doesn’t have the right to keep her private life private, and I’m speaking on this because there have been all these intimations.”
JUDGE: “You haven’t answered the question, Ms. Willis.”
WILLIS: “I’m sorry, what was the question, Your Honor?”
JUDGE: “Is there anyone else who knew about it? And then you can explain.”
WILLIS: “I don’t know. I don’t think so. I certainly didn’t go out telling my business to the world.”
SADOW: “So, the best of your recollection, you didn’t inform anyone on the prosecution team that the individual that you had chosen to lead the prosecution team had a personal relationship with you? Is that correct?”
WILLIS: “That’s inaccurate. Your question is inaccurate. Because you stated that the person I chose, we had a personal relationship, so we had a friendship. We have to — we have all these distinguishing factors. Remember, when I chose him in November of ‘21, first of all, let’s get this straight. Mr. Wade was not actually my first choice. That’s no insult to him.”
SADOW: “Your honor —“
WILLIS: “No, no, because of the way you phrased the question, you said when I chose him, I didn’t inform people of a personal relationship. We have defined personal as romantic. It is an inaccurate way to state the question —“
SADOW: “Then I will certainly restate it so it is very accurate.”
WILLIS: “Okay. And please do not yell at me.”
SADOW: “You hired Mr. Wade the first time on November 1st of 2021. Correct?”
WILLIS: “November of 2021, yes, sir.”
SADOW: “Your testimony is — whether one accepts it or not — your testimony, that at the time you hired Mr. Wade, there had never been a romantic relationship with Mr. Wade before you hired him, correct?”
WILLIS: “Yes, my testimony is that we were very good friends, not — not talking about sex, so let’s just don’t —“
SADOW: “No, I’m talking about — I’m saying romantic relationship doesn’t necessarily have to be just sex. It can be dating, it can be holding hands. It can be any of those things that one might call romantic. I’m asking you whether or not, prior to November 1st of 2021, there was a romantic relationship with Mr. Wade. It’s very simple, it’s either yes or no.”
WILLIS: “I don’t consider my relationship with him to be romantic before that. I’m not a hand-holder. So no.”
SADOW: “That’s fine.”

GILLEN: “So, the point is that what you’re telling us is that you were in financial straits, but really, that your testimony today is you had a cash hoard of maybe up to $10,000 in cash where you laid your head at night so that you would dip out and there would be no record of it. Correct?”
WILLIS: “That’s not what I’m telling you, sir. That’s not at all what I’m telling you. What I’m telling you is that, throughout the course of my life, I have always kept cash in my house. That cash has ranged from times — my father would probably be ashamed of this because he would say it should be more, but that cash at times has ranged from $500 to maybe $9,000. He would be like, that is not what I told you to do. I have always had that amount of money. What I have told you is that when I travel, you do better negotiating when you travel if you have cash. You go get the cab, they say, oh, we are going to charge you $300 for the day. Well, I’ve got American cash. Will you take it for $150? And so, it’s my practice to take money when I travel. We’re not talking about a whole lot of money, we’re going to the Bahamas, $1,500 in cash is in my pocket, or at the most, $2,500. Belize was actually probably the most money I have ever taken, and it was taken because it was a big deal. My 50th birthday sucked. His 50th birthday — it sucked, it was terrible.”
GILLEN: “Your Honor, I’d like to get back to some questions here.”
WILLIS: “I’m trying to answer.”

ALLEN DERSHOWITZ: I think there is a plausible case for perjury here but I think there is an open and check case for disqualification based on the appearance of impropriety. Look, when you admit that you paid for all these trips on your credit cards, then the burden of proof shifts to the other side to demonstrate that there was payback in cash and the fact that there are no records and the payments all have records, but the repayments have no records, gives rise to a plausible interpretation that that’s not true. That there was financial benefit that accrued to the district attorney. Therefore, there is more than enough for the judge to say at least an appearance of impropriety, total disqualification of the office, start from scratch, put the case in a different district, let’s see if an independent prosecutor thinks there is enough here for a rico prosecution.