Fani Willis Hired Nathan Wade Without Fulton County’s Input, Officials Say

(Left) Fulton County district attorney Fanni Willis testifies during a hearing into 'misconduct' allegations against her at the Fulton County Courthouse in Atlanta on Feb. 15, 2024. (Right) Fulton County Special Prosecutor Nathan Wade looks on during a hearing in the case of the State of Georgia v. Donald Trump at the Fulton County Courthouse in Atlanta on Feb. 15, 2024. Alyssa Pointer/Pool via Getty Images

Fulton County District Attorney Fani Willis had sole discretion over her decision to hire Nathan Wade as a special prosecutor in her 2020 election probe, county officials revealed on May 3.

Addressing members of the Georgia Senate Special Committee on Investigations, Fulton County Board of Commissioners Chairman Robb Pitts said county staff had interpreted state law to mean that Ms. Willis did not need the commission’s approval to hire Mr. Wade.

As for the special prosecutor’s compensation, Fulton County Chief Financial Officer Sharon Whitmore advised that Ms. Willis also has the authority to decide how much contractors are paid.

Those revelations surprised the committee’s chairman, state Sen. Bill Cowsert.

“This is sounding, to me, kind of like the Wild West,” the Republican said, apparently stunned by the county’s apparent lack of control over how Ms. Willis managed her office’s budget.

“You don’t know how much of that is spent on professional services, who was hired, how much they’re paid per hour, what their total compensation is, yet you’re being asked to provide $36.6 million a year.”

The committee is investigating allegations of misconduct surrounding Ms. Willis, including potential conflicts of interest and claims that she misused public funds.

Mr. Cowsert, questioning the county’s interpretation of the law, said the statute in question appeared to indicate that Ms. Willis did need prior approval to hire Mr. Wade.

Citing the law, he noted that the district attorney may employ such contractors “as may be provided for by local law, or as may be authorized by the governing authority of the county or counties comprising the judicial circuit.”

“You are the governing authority as the Board of Commissioners of [Fulton County]?” he asked Mr. Pitts, who responded in the affirmative.

“And what you’re saying is that you have never authorized her hiring independent contractors to assist in the prosecution of her duties?” the senator continued.

Again, Mr. Pitts confirmed that was true. But Fulton County District Attorney Soo Jo said there were examples in case law where district attorneys were not required to seek approval for such decisions, and those examples were what the county had drawn its conclusions from.

Alleged Misuse of Funds

One of the primary allegations leveled against the district attorney is that she engaged in an inappropriate relationship with Mr. Wade both prior to hiring him and after. She has also been accused of financially benefiting from that relationship and her prosecution of former President Donald Trump in the 2020 Georgia election interference case.

Mr. Wade has since resigned from his role on the case. Fulton County records show he received more than $710,000 from the county for his work.

Asked about the county’s ethics code for the receipt of gifts from independent contractors, Ms. Jo said gifts from those seeking official action from or looking to do business with the county were prohibited.

She added that all elected officials, including the district attorney, were required to report any gifts valued at more than $100 or honoraria totaling more than $500 in value from a single source.

Ms. Willis is alleged to have shared expensive dinners and vacations with Mr. Wade, which he purchased while he was contracted by her office.

Another matter that has been the subject of controversy is that both Ms. Willis and Mr. Wade traveled to Washington to meet with Biden administration officials while building their case against President Trump.

The former president has cited those meetings as evidence that the case is politically motivated.

Mr. Cowsert asked Ms. Whitmore if the district attorney ever sought approval to use taxpayer funds to pay for those trips. She advised that county policy allows elected officials to approve travel for themselves and their staff.

The committee chairman suggested that lawmakers might need to consider revising state law to allow the county more oversight of the district attorney’s budget.

Democrat Sen. Harold Jones II, however, seemed to object to changing “how we’ve been operating for years in Georgia.” He noted that other constitutional officers, like the county sheriff, would also be affected by any amendments to the statute in question.

But Mr. Pitts, a self-professed fiscal conservative, said he thought a change might be appropriate.

“I have a philosophical difference with this notion of a constitutional officer being able to spend money that the legislative body has appropriated any way that he or she chooses,” he said.

Other Allegations

Other complaints that have been lodged against Ms. Willis include claims of whistleblower retaliation and extravagant personal security and public relations expenditures. She was also sued earlier this week by state Rep. Mesha Mainor for allegedly conspiring to help a former campaign worker who stalked her.

The lawsuit alleges that Ms. Willis, County Commissioner Marvin Arrington, and other county officials deprived her of certain rights after she requested a jury trial in the stalking case. It also charges Ms. Willis and Mr. Arrington with using their political connections to protect the defendant in the case.

Ms. Mainor brought the suit under the Georgia Racketeer Influenced and Corrupt Organization (RICO) Act, which is one of the same statutes that Ms. Willis claims President Trump violated.

“Standing up against political figures like Arrington and Willis is daunting; living in a system that feels broken and corrupt and facing retaliation for protecting my family is disheartening,” she said at an April 30 press conference in Atlanta.

“I would be happy for her [Willis] to admit it,” Ms. Mainor said. “My daughters are prepared because they have witnessed something like this. I want justice.”

Another lawsuit filed in March accuses Ms. Willis of failing to notify a judge when unindicted individuals are held in jail for longer than 45 days.

Ms. Willis is up for reelection in November.

Jack Phillips contributed to this report.