Election interference defendant says Willis should have recused herself from case

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ATLANTA — Several of the defendants in the Georgia election interference case were in the courtroom Thursday as Fulton County District Attorney Fani Willis took the stand during a hearing to have her removed from the case over allegations that she had an improper relationship with the man she named as special prosecutor to head the case for her office.

Depending on what Fulton County Superior Court Judge Scott McAfee ultimately rules following the hearing, it could have a lot to do with Trevian Kutti’s future.

[PHOTOS: Fulton DA takes the stand in hearing to disqualify her from election interference case]

“You sat in the hearing all morning?” Channel 2 investigative reporter Mark Winne asked Kutti.

“All morning,” Kutti said.

“Why are you here?” Winne asked her.

“I think it’s a phenomenal moment for justice and I wouldn’t have missed it for the world,” Kutti said.

“What’s your position, innocent or guilty?” Winne asked Kutti.

“I’m definitely innocent and I’m not worried about the specifics. I just want to be informed and when I have my day in court, whether it happens or not, I’m ready,” Kutti said.

[READ: ‘I’m not on trial!’ Willis defiant in hearing to disqualify her from election interference case]

Kutti told Winne that she traveled from Chicago, where she lives, to Atlanta to sit in the spectator section of the courtroom to witness for herself what happened in front of the rails in a hearing that could determine the future of the case against her and the other remaining codefendants who have not resolved their charges.

“I’m just paying attention to make sure I’m fully immersed in all of the movement in this case and that’s another reason,” Kutti said.

Key issues seemed to be whether Willis’ election interference special prosecutor Nathan Wade and her office should be disqualified from the case, whether Willis and Wade’s romantic relationship began before the prosecution said it did, and whether she financially benefitted from Wade’s hiring because he paid for travel.

The prosecution has suggested there was no personal relationship between Willis and Wade in November 2021, at the time of special prosecutor Wade’s appointment and that financial responsibility for personal travel taken was divided roughly evenly between the two, with neither being primarily responsible for expenses of the other, and all expenses paid for with individual personal funds.

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“You said the DA should step aside?” Winne asked Kutti.

“For her own sake, she should’ve recused herself,” Kutti said.

“Even if that means the end of the case?” Winne asked Kutti.

“If so, that’s what was, you know, was meant to happen,” Kutti said.

Winne spoke with Kutti before Willis’ testimony Thursday and in the midst of Wade’s time on the stand.

“I thought Nathan Wade definitely dealt a blow to Fani’s case, their case collectively,” Kutti said. “There was a lot of roundabout, a lot of spin, but eventually Judge McAfee, who I think has been very good in this case at bringing things back full circle, he demanded the yes and no answers.”

Winne also spoke with attorney Charlie Bailey, who is a friend and political ally of Willis.

“What was your impression of Nathan Wade’s testimony?” Winne asked Bailey.

“I think he was calm, respectful and gave credible answers to frankly some very private matters,” Bailey said.

“You think he did well?” Winne asked.

“I do,” Bailey said.

“You convinced there’s no grounds for disqualification from what you’ve heard?” Winne asked Bailey.

“Absolutely no grounds. Disqualification is required when there is a conflict, and two people in their 50s, single folks having a consensual relationship on the same side of the case, is not a conflict,” Bailey said.

Winne spoke with Kutti by phone after court recessed for the day, he said she seemed to indicate nothing she heard in court after his interview changed the opinions she gave us.

Bailey said nothing he heard after our interview changed his mind either.

It is important to note for transparency purposes that Bailey’s wife works in communications in the Fulton County District Attorney’s office, and Willis officiated the couple’s wedding.

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