Trump Georgia election case: Judge sets date to hear accusations of DA Fani Willis misconduct

FULTON COUNTY, Ga. - The Superior Court judge overseeing the 2020 election interference case against former President Donald Trump and his co-defendants has set a hearing over allegations that Fulton County District Attorney Fani Willis had an "improper" relationship with one of the prosecutors working on the case.

In his order on Thursday, Judge Scott McAfee scheduled an evidentiary hearing for the morning of Thursday, Feb. 15.

McAfee has also ordered Willis to file a written response to the accusations by Feb. 2.

The accusations stem from a filing submitted on Jan. 8 by attorneys for co-defendant Michael Roman, a former White House aide who served as the director of Trump's election-day operations.

The filing alleges that Willis and Nathan Wade, the special prosecutor leading the case, were "romantically involved" before he was contracted to work on the case - calling it an "improper, clandestine relationship."

"Admittedly, this is a bold allegation considering it is directed to one of the most powerful people in the State of Georgia, the Fulton County District Attorney. Nevertheless, the district attorney’s fame and power do not change the fact that she decided to appoint as the special prosecutor a person with whom she had a personal relationship and who is now leading the day-to-day prosecution of this case," Roman's attorney wrote in the motion.

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The attorneys also questioned Wade's qualifications for the job and accused Willis of paying Wade more than other prosecutors working on the case who had experience in Georgia's racketeering law.

The filing called for the entire Fulton County District Attorney's Office to be disqualified from prosecuting the case, which is set to go to trial this year.

After the accusation went public, Judiciary Chairman Jim Jordan (R-OH) announced an investigation into Wade over possible misuse of federal funds.

Nathan Wade v. Joycelyn Wade divorce case

The misconduct accusations stem from a divorce proceeding in Cobb County. Nathan and Joycelyn Wade filed for divorce the same month as Mr. Wade had been contracted with the Fulton County District Attorney’s Office.

Both parties had agreed in November 2021 "the marriage was irretrievably broken." Since then, neither party has changed that plea mutually agreed to seal the records.

In a 12-page emergency motion for a protective order filed by Willis on Thursday, the DA asked the judge to stay her testifying in a deposition in the divorce case.

Willis argues that since the marriage was "irretrievably broken" and that she "lacks unique personal knowledge of any matter that is relevant to the subject matter involved in the pending action," her testimony would not be relevant to the proceedings.

"If, however, media reports are any indication, the Defendant may intend to ask questions regarding the nature of any relationship with the Plaintiff," Willis wrote. "Because the parties agree that the marriage is irretrievably broken and the concept of fault is not at issue, there is no information that District Attorney Willis could provide that might prove relevant to granting or denying the divorce."

She further states Joycelyn Wade, who currently lives out of the state, has not lived with her husband since well before the divorce filing. Willis asserts "there is no prospect of reconciliation and genuine issue of material fact in need of resolution."

"As a result, the sought-after deposition in this case is outside the scope of the pending divorce action and outside the scope of discovery," Willis added.

Willis also pointed to accusations of infidelity by Joycelyn Wade dating back to 2017 with her husband’s longtime friend. She argues that despite the couple’s wanting to keep the records sealed until their children were grown, Mrs. Wade did not object to Michael Roman’s motion to unseal the documents after more than two years. It was at that point, Mrs. Wade took interest in Willis, the filing alleges.

Willis also says Nathan Wade’s compensation by Fulton County, which the filing states is not in dispute, could easily be obtained through the county records without seeking a deposition from Willis. As of the motion’s filing, Willis says she has not been told what testimony is being sought from her in the case.

Andrea Dyer Hastings, who represents Joycelyn Wade, released a statement following the DA's filing on behalf of her client saying she had hoped to "resolve her divorce fairly and privately," but claims Willis is using her public platform in the case. 

"Clearly, this matter is personal for her," the statement sent to FOX 5 reads in part.

Hastings reiterated they are respecting the seal on the case and any further response to Willis' emergency motion will be made through court filings.

FOX 5, which obtained WIllis' motion through the clerk's office, reached out to the DA for comment, but she has not offered any on this matter.

Willis responded to misconduct accusations

Willis outlines her theory as to why her deposition is being sought in her emergency motion filed on Thursday. She says it has less to do about the Wades' divorce case and more to do with the Georgia election interference case. 

"On further information and belief, Defendant Joycelyn Wade has conspired with interested parties in the criminal Election Interference Case to use the civil discovery process to annoy, embarrass, and oppress District Attorney Willis," the filing states.

Willis also outlines how, in a matter of hours, lawyers for Michael Roman and Joycelyn Wade filed their individual motions.

"Defendant is using discovery as a vehicle to harass Non-Party Deponent Willis. The sought-after deposition of District Attorney Willis is not relevant to the subject matter involved in the pending action and should not be permitted," the filing states.

She is asking the court to throw out the subpoena compelling her to testify in the case.

Fani Wills defends Nathan Wade's qualifications

Willis has not directly responded to the allegations but defended Wade's qualifications at a service at Big Bethel AME Church on Sunday.

Speaking to the congregation, Willis said she hired three special prosecutors for the election case: a white man, a white woman and a Black man. They are paid the same hourly rate and no one has questioned the qualifications of the two white lawyers, she said.

"First thing they say, ‘Oh, she’s gonna play the race card now," Willis said. "But no God, isn’t it them that’s playing the race card when they only question one? Isn’t it them playing the race card when they constantly think I need someone from some other jurisdiction in some other state to tell me how to do a job I’ve been doing almost 30 years?"

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While never mentioning Wade by name, she called him a "superstar, a great friend and a great lawyer." She cited his accomplishments and past professional experience and said, "I’m just asking, God, is it that some will never see a Black man as qualified, no matter his achievements?"