Judge Scott McAfee plans to review in private “the extent of communications” by Nathan Wade’s former divorce attorney and law partner about Wade’s romantic relationship with DA Fani Willis.
The judge blocked defense attorneys from openly probing Terrence Bradley’s knowledge of the relationship under a legal avenue that can get around attorney-client privilege when a fraud or crime has occurred.
Defense lawyers say that Bradley’s conversations with Wade aren’t privileged because they may have been involved in the commission of a crime - in this case, perjury.
Steve Sadow, an attorney for Donald Trump, said he thinks Wade lied under oath on Thursday by saying his romantic relationship with Willis began in 2022. Sadow said that lie opens the door for Bradley to testify about his own knowledge of when Wade and Willis started dating.
“That’s a fraud upon the court,” Sadow said of Wade’s testimony. “And the attorney-client privilege for that specific information is pierced.”
After hearing arguments, on the “crime-fraud exception” to privilege, McAfee said the requirements for its application haven’t been established in the case. The judge noted that Bradley had indicated Friday that anything he learned of the Wade-Willis relationship occurred during his attorney-client communications with Wade.
“We can put in a sealed filing exactly what the extent of those communications were,” McAfee said. “And those would remain sealed until some time if we’re ever directed otherwise.”
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