The judge overseeing former President Donald Trump’s Georgia election inference case stated Monday that Fulton County District Attorney Fani Willis’ alleged misconduct could result in her disqualification from the case.
Willis has been accused of hiring her lover, Nathan Wade, as special counsel in the case and benefiting financially from the payment he received in the form of lavish personal trips they took together. Willis has said that they evenly split expenses on the trips.
“Willis and Wade, along with a number of employees in the DA’s office, have been subpoenaed to testify Thursday by Trump co-defendant Michael Roman, who last month filed a motion seeking to dismiss the election charges against him and disqualify Willis,” ABC News reported.
At a hearing on Monday, Fulton County Judge Scott McAfee noted, “The state has admitted a relationship existed. And so what remains to be proven is the existence and extent of any financial benefit.”
“Because I think it’s possible that the facts alleged by the defendant could result in disqualification, I think an evidentiary hearing must occur to establish the record on those core allegations,” the judge continued.
“I think the issues at point here are whether a relationship existed, whether that relationship was romantic or non-romantic in nature, when it formed, and whether it continues,” McAfee said.
“And that’s only relevant because it’s in combination with the question of the existence and extent of any personal benefit conveyed as a result of their relationship.”
George Washington University law professor Jonathan Turley responded to Monday’s hearing on X.
“Willis and Wade have more to fear than disqualification if they knowingly filed false statements with the Court. Indeed, they can look to their own case on how such filings can result in bar or criminal charges,” he posted.
…Willis and Wade have more to fear than disqualification if they knowingly filed false statements with the Court. Indeed, they can look to their own case on how such filings can result in bar or criminal charges. https://t.co/wuTRQ8KfLi
— Jonathan Turley (@JonathanTurley) February 12, 2024
As Turley noted in a Saturday blog post, Willis and Wade wrote in court filings that their relationship did not begin until 2022, after Willis had hired Wade to serve as special counsel in November 2021.
However, Roman’s attorney, Ashleigh Merchant, wrote in a court filing that Terrence Bradley, Wade’s former divorce attorney, “has non-privileged, personal knowledge that the romantic relationship between Wade and Willis began prior to Willis being sworn as the district attorney for Fulton County, Georgia in 2021.”
“Thus Bradley can confirm that Willis contracted with Wade after Wade and Willis began a romantic relationship, thus rebutting Wade’s claim in his affidavit that they did not start dating until 2022,” Merchant said.
She further wrote that “since Willis and Wade were not forthright about their relationship in the first instance, there is no reason to believe they are telling the truth now.”
Turley highlighted the irony if the allegations against Willis and Wade turn out to be true.
“Notably, the defendants in the Georgia [election interference] case include those charged with making false statements and filing false documents. If Willis or Wade has now done so, the political and legal impact on the case would be devastating,” Turley wrote.
If both Willis and Wade are disqualified from the case, it would at the very least result in a significant delay in the proceedings moving forward.
The Washington Post reported that Trump plans to attend Thursday’s hearing regarding the prosecutors’ alleged misconduct.
