Judge Says It’s “Possible” DA Fani Willis Could Be Disqualified Over Relationship With Special Prosecutor Nathan Wade

Paresh Jadhav

10 months ago

Judge overseeing Georgia’s expansive election interference case against former President Trump has indicated it’s possible Fulton County District Attorney Fani Willis could be disqualified due to her relationship with top prosecutor Nathan Wade; however, according to her lawyer this claim is simply gossip-fueled speculation.

Michael Roman, one of the co-defendants accused in this case, has requested an evidentiary hearing regarding claims regarding an intimate relationship between Wade and Fani Willis. They want prosecutors as well as someone associated with Wade to testify.

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Judge Says It’s “Possible” That Fani Willis Could Be Disqualified From Case

Superior Court Judge Scott McAfee of Georgia’s statewide racketeering case against Donald Trump and 18 co-defendants stated on Monday that it is possible that Fani Willis may be disqualified due to misconduct allegations raised by one of the defendants. An evidentiary hearing regarding allegations of wrongdoing against Willis and special prosecutor Nathan Wade “must occur” before Thursday’s blockbuster trial can continue.

Ashleigh Merchant, representing Willis and Wade, filed a motion on Friday in which she accused them of engaging in an inappropriate personal relationship which posed a conflict of interest and financial advantage for Willis by having Wade pay for lavish trips and vacations.

However, Willis’ attorneys who appeared on Monday denied these allegations. Anna Cross, one of the prosecutors contracted to handle his case for Willis, claimed that evidence presented by his defense would contradict Wade’s affidavit and show they weren’t romantically involved prior to Willis contracting him for work in 2021.

The judge decided that the defense could question witnesses about any allegations of an improper relationship and financial benefits from Wade’s work on this case, and also determined there was insufficient cause to quash subpoenas for them and Willis.

Judge Says Evidence of Conflict of Interest Is Relevant

Fulton County District Attorney Fani Willis has been accused of having an inherent conflict of interest due to her relationship with special prosecutor Nathan Wade whom she hired for an investigation of possible election interference and other violations of Georgia law. Michael Roman has brought this claim against Fulton County DA Willis before Judge Elizabeth Ellis in Atlanta County Circuit Court, accusing her of failing in her role of prosecuting this case against former President Trump. This hearing will help decide her suitability as prosecutor of this matter.

Roman’s attorney Ashleigh Merchant first brought attention to their alleged relationship in a court filing last month. Both Willis and Wade deny that any personal connection has compromised their work on this case.

She contends that an affidavit filed by Wade, an inexperienced criminal defense attorney, in his divorce case contradicts an affidavit provided to Mueller during the probe. Additionally, her claim states that Wade used income from his contract with Willis’ DA office to fund vacations with him.

However, McAfee did not agree with Willis and Wade’s arguments and rejected the state’s request to cancel Thursday’s hearing. Instead he will hear testimony from witnesses including Willis and Wade to ascertain their nature, date of formation and compliance with any rules; additionally he will consider legality of his decision to disqualify them.

Judge Says He Will Hold an Evidentiary Hearing

Monday afternoon, the judge overseeing Donald Trump and his co-defendants in their Georgia election interference case appeared open to allowing a subpoena for district attorney Fani Willis at Thursday’s hearing in order to disqualify her from participating in this legal matter.

Mike Roman and other co-defendants of Trump are hoping that this hearing is part of an attempt by Willis to be removed as the lead investigator on account of her romantic relationship with special prosecutor Nathan Wade – whom she appointed to investigate their case as lead prosecutor – which they both admit is present but deny involves any misconduct or conflicts with professional duties.

Roman’s defense team announced in a court filing last week that they intend to call Terrence Bradley, Wade’s former divorce lawyer, as a witness at his hearing to testify that he has non-privileged information that the relationship between Willis and Wade began prior to his becoming Fulton County DA on January 20, 2021. Anna Cross, representing Willis as Fulton County DA called these allegations mere gossip that have no bearing on this case.

McAfee stated he will not compel Willis and Wade to testify at a hearing unless the defense can demonstrate evidence other than an affidavit from Wade of potential conflicts of interest.