'Disqualification can occur': Judge orders hearing on Fani Willis and special prosecutor

A Georgia judge said on Monday that he would hold a hearing to possibly disqualify prosecutors targeting Donald Trump and others in an election subversion case.

At a Fulton County Superior Court hearing, Judge Scott McAfee responded to allegations that District Attorney Fani Willis and Special Prosecutor Nathan Wade had an improper relationship.

Ashleigh Merchant, an attorney representing defendant Mike Roman, has asked to disqualify prosecutors and to dismiss the case.

"Studying the law that's been filed up to this point, I think it's clear that disqualification can occur if evidence is produced demonstrating an actual conflict or the appearance of one, and the filings submitted on this issue so far have presented a conflict in the evidence that can't be resolved as a matter of law," McAfee said at the outset of the hearing.

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"Specifically, defendant Roman's motion alleges a personal relationship that resulted in a financial benefit to the district attorney, and that is no longer a matter of complete speculation; the state has admitted a relationship existed," he added.

McAfee said the defendant had not established that Willis or Wade benefited from the relationship financially.

"Because I think it's possible that the facts alleged by the defendant could result in disqualification, I think an evidentiary hearing must occur to establish the record on those core allegations," the judge observed.

The next hearing was set for Thursday.