Donald Trump’s lawyers say cell phone data suggests two prosecutors investigating him were not telling the truth about their relationship.
The former president is trying to disqualify Fulton County District Attorney Fani Willis from the case.
His lawyers argue that phone records show Willis misrepresented the timeline of his affair with another prosecutor.
The district attorney’s office denied the allegations and said the data had been misinterpreted.
Trump and his co-defendants are accused of attempting to interfere in Georgia’s 2020 presidential election.
But they argue that Willis’ relationship with Nathan Wade, the prosecutor hired on the case, constitutes a financial conflict of interest.
At a hearing earlier this month, Willis and Wade both testified that the affair began in early 2022, after Wade was appointed.
But Charles Mittelstadt, an investigator for Mr. Trump’s defense team, said in a legal filing Friday that phone records suggest Mr. Wade, who was married at the time, was near Mr. Willis’ home for an “extended period” at the time. He said that it has been done. At least 35 times throughout 2021.
Citing the location activity of Wade’s device, the affidavit states, “The data reveals that he is stationary and not moving.”
Mittelstadt also said the couple made more than 2,000 phone calls and nearly 12,000 phone interactions, including voice calls and text messages, during the 11 months of 2021.
Investigators said data suggested Mr. Wade was near Mr. Willis’ apartment from midnight to before dawn on two separate occasions.
As an example, Mittelstadt said phone records show that Wade’s device made a call in the vicinity of Willis’ apartment building at 10:45 p.m. one night in September 2021 and remained there until about 3:30 a.m. It is said that he stayed there.
Investigators said Wade’s cell phone sent a text message to Willis at 4:20 a.m. after he returned to the area near his home.
But in court documents filed late Friday, Ms Wills’ office said the phone data “does not prove any connection” and should not be submitted as evidence in court. .
“The records only prove that Special Counsel Wade’s phone call was located somewhere within a several-mile radius of a densely populated area with a variety of residences, restaurants, bars, nightclubs, and other businesses.” the filing states.
He also said the phone records do not prove a romantic relationship existed between Willis and Wade in 2021 or that they were “in the same location at the times listed.”
On Friday, Fulton County Judge Scott McAfee said a hearing on the disqualification issue will be held March 1.
Mr. Trump’s lawyers argue that Mr. Willis has profited financially from the case and should be removed from the case.
Both prosecutors have denied that their relationship created a conflict of interest or that their travels and meals together amounted to an unfair financial advantage.
Even if Mr. Willis is disbarred from the case, that would not necessarily mean the end of criminal charges against Mr. Trump.
However, the process will probably be delayed until after the presidential election in November.
The Georgia election lawsuit accuses Trump of conspiring to commit fraud to close a shortfall of less than 12,000 votes in the state he lost to Joe Biden.
The Republican White House front-runner faces a total of 91 criminal charges in four separate cases.
Separately on Friday, a New York judge awarded the former president $454 million within a month after he was found liable for fraud in a civil case related to inflated valuations of business assets. ordered to pay £58 million).