Fani Willis, Nathan Wade subpoenaed over misconduct allegations in Trump Georgia election case

FULTON COUNTY, Ga. - Fulton County District Attorney Fani Willis and a special prosecutor she hired for the Georgia election interference case against former President Donald Trump have been called to the stand to testify about allegations that they had an improper romantic relationship. 

Both Willis and Nathan Wade have been subpoenaed to testify during a hearing in Fulton County Superior Court on Feb. 15.

Lawyer Ashleigh Merchant, who represents Trump co-defendant Michael Roman, filed a motion on Jan. 8 seeking to dismiss the indictment and to remove Willis and special prosecutor Nathan Wade from the case.

In the motion, Merchant accused Willis and Wade of "profiting significantly from the prosecution at the expense of taxpayers," alleging that Willis paid attorney Wade large sums and benefited personally when he, in turn, used his earnings to take her to Napa Valley, Florida and the Caribbean. Wade has been paid more than $650,000 at a rate of $250 an hour since his hiring, according to records Merchant cited.

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Fulton County Superior Court Judge Scott McAfee, who’s presiding over the election case, has ordered Willis’ team to respond by Friday to the motion and set the date for a hearing for mid-February.

Fulton County DA's office accused of violating Georgia Open Records Act

Merchant’s law firm also filed a lawsuit Tuesday accusing Willis’ office of failing to comply with the Georgia Open Records Act, saying they "appear to be intentionally withholding information" that she had requested. Merchant had to repeatedly file certain requests after they were prematurely closed and she was incorrectly told certain records did not exist, the lawsuit says.

Willis spokesperson Jeff DiSantis declined to comment on the subpoenas but disputed Merchant’s open records claims.

"We’ve provided her with the information she’s entitled to," he said, adding that some of the records are still being compiled. He provided a letter that the office sent to Merchant last week providing an update on the status of requests she’d made, as well as screenshots showing that Merchant had accessed some records.

The lawsuit says that despite sending that letter, the district attorney’s office "failed nonetheless to provide most of the requested documents."

TIMELINE: FULTON COUNTY DA FANI WILLIS, NATHAN WADE CONTROVERSY

Neither Willis nor Wade has publicly addressed the allegations of an inappropriate relationship. Willis’ office has repeatedly said a response to Roman’s motion will come in a court filing.

Allegations of conflicts of interest in Donald Trump Georgia election case

Willis, an elected Democrat, hired Wade in November 2021 to help with her investigation into efforts to overturn the 2020 election in Georgia. Since a Fulton County grand jury in August returned an indictment against Trump and 18 others, Wade has led the team of lawyers Willis assembled to prosecute the case.

Trump has seized on the allegations as he campaigns for the Republican nomination for president, trying to use them to cast doubt on the legitimacy of the case against him. Four co-defendants have already pleaded guilty in the case after reaching plea deals with prosecutors. Trump and the others who remain have pleaded not guilty.

Roman is a former Trump campaign staffer and one-time White House aide. Trump and co-defendant Robert Cheeley, a Georgia lawyer, have joined Roman’s motion.

Roman’s filing alleges that Willis had paid Wade large sums for his work and then improperly benefited when Wade paid for the pair to go on trips, creating a conflict of interest. It also questioned Wade’s qualifications for the job.

No proof of the alleged relationship was included in the motion. 

Fani Willis defends hiring of Nathan Wade

Nearly a week after the motion was filed, Willis spoke out during a church service at the historic Bethel AME Church, defending Wade’s qualifications, but not addressing the allegations of a relationship.

Willis also suggested during that address that the questioning of Wade’s hiring was rooted in racism.

"They only attacked one," Willis told the congregation. "First thing they say, ‘Oh, she’s gonna play the race card now.’

"But no God, isn’t it them that’s playing the race card when they only question one," she asked.

In a court filing seeking to avoid sitting for a deposition in Wade’s divorce case, Willis accused Wade’s wife of trying to obstruct the election case. In a filing in response, Wade’s wife included credit card statements that showed Wade had bought plane tickets for Willis to travel with him to San Francisco and Miami.

The Associated Press contributed to this report.