Fulton County DA Fani Willis won't testify in divorce case yet, judge rules
Fani Willis won't have to testify in divorce case
Fulton County District Attorney Fani Willis won't have to testify in the divorce case involving special prosecutor Nathan Wade and his ex-wife Joycelyn Wade. FOX 5 I-Team reporter Randy Travis was in the courtroom when Judge Henry Thompson put a halt to those efforts.
COBB COUNTY, Ga. - A Cobb County judge ruled on Monday that the divorce case involving Fulton County Special Prosecutor Nathan Wade, who was hired to head up the election interference case against former President Donald Trump, should be unsealed. Additionally, he issued a stay on the deposition of Fulton County District Attorney Fani Willis.
Superior Court Judge Henry Thompson based his decision to unseal the divorce on the fact that a hearing was not held before the case was sealed, which is a violation of procedure.
As for Willis, the judge said that since there are no minor children involved in the dissolution of the marriage between Nathan and Joycelyn Wade and that it's a "math problem," it didn't make sense to hear from Willis before Mr. Wade had been questioned under oath about his finances and his relationship with Willis.
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Since Willis was scheduled to be deposed on Jan. 23 and Wade is not expected to be questioned for another 9 days, the judge issued a stay on the deposition of Willis. Judge Thompson indicated that if questions remain after Wade has been deposed, he will reconsider the deposition of Willis.
None of the key players -- Willis or either of the Wades -- were in the Cobb County courtroom for the hearing. Thompson said he would issue the order to unseal the divorce documents later in the day.
This all stems from accusations from co-defendant Michael Roman in the election interference case that Willis and her special prosecutor, Nathan Wade, had an improper relationship. Now Willis has been subpoenaed by Wade's ex-wife to testify in their divorce case.
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On Thursday, Willis filed an emergency motion for a protective order asking the judge to stay her testimony in the divorce case. Wade's ex-wife, Joycelyn, submitted bank records showing Willis and Wade took multiple trips together during the investigation into the Georgia election interference case involving former President Donald Trump.
ATLANTA, GA - JANUARY 12: Special prosecutors John Floyd and Nathan Wade, and assistant district attorney Donald Wakeford listen to the judge during a motions hearing for former U.S. President Donald Trump's election interference case at the Lewis R.
In that motion, Willis claims Wade's marriage fell apart before she met him, and she has no knowledge relevant to the subject matter. She also accused Joycelyn Wade of conspiring against her.
One legal expert said it's unknown how much information will be released.
"Typically, evidence presented in divorce cases is sealed. Even in dissolution of marriage, we don't want the public kind of prying into marital life. So, it will be interesting to see if it's unsealed," John Acevedo, Visiting Associate Professor at Emory University, explained.
Fulton County Superior Court Judge Scott McAfee has set a hearing for Roman's motion to have his case dismissed on Feb. 15. Acevedo says the Cobb County case could cause delays in Fulton County.
ATLANTA, GA - AUGUST 14: Fulton County District Attorney Fani Willis speaks during a news conference at the Fulton County Government building on Wednesday, August 14, 2023 in Atlanta, Georgia. Willis spoke about the 13 charges former President Donald
"In many ways, the more information released, the faster the criminal prosecution can continue, because then the information will already be in-hand for that February hearing. If it's not released, then the judge in February will have to decide whether he wants to compel the release from this civil divorce proceeding, which is not in the same court, and not in the same division. And that will cause delay," Acevedo explained.
As for the Fulton County cases, Acevedo said the outcome of Roman's motion won't impact whether the cases will be prosecuted.
"If nothing else, it will make the jurors have pause as they're seated, or the potential jurors. Will it ultimately decide the case? Probably not. Best case scenario, the defendant gets all their motions. We re-set back. [The] grand jury re-issues indictments. A new special prosecutor is appointed. So at most that you hope for is a delay," he explained.