Georgia Judge to Hold Hearing on Allegations of DA Willis’s ‘Improper’ Use of Funds, Affair

Fulton County special prosecutor Nathan Wade, left, and executive district attorney Daysha Young confer during a hearing in the 2020 Georgia election interference case at the Fulton County Courthouse in Atlanta, Ga., on Dec. 1, 2023. John David Mercer- Pool/Getty Images

During a Jan. 12 motions hearing, Fulton County Superior Court Judge Scott McAfee indicated a hearing on what one attorney termed “scandalous” allegations surrounding the district attorney’s relationship with a prosecutor would be held mid-February.

Judge McAfee is holding motions hearings every Friday for the next few weeks in the case Fulton County District Attorney Fani Willis is prosecuting against former President Donald Trump for his actions to challenge the 2020 election results. President Trump and 14 codefendants have been charged with violating the state’s Racketeer Influenced and Corrupt Organizations Act and have been accused of operating a criminal conspiracy in their election challenge efforts.

Earlier this week, defendant Michael Roman, a former GOP strategist, made huge accusations of the “improper” use of funds in the district attorney’s office.

He alleged that Nathan Wade, an attorney for the prosecution who has argued at every hearing in the case, had taken lavish vacations with Ms. Willis using state funds. Mr. Wade is currently married and seeking divorce.

Mr. Wade is a partner at his own, private law firm, and would be paid by the district attorney’s office after his appointment as special prosecutor, which the motion alleges is close to $1 million in legal fees. Mr. Wade has been paid at a rate of $250 per hour, and around $650,000 for this case.

Mr. Roman also alleged the funds for the case investigation had been obtained “to clear the COVID backlog” but not used for those purposes.

In a 100-plus page filing, Mr. Roman argued this was grounds for dismissal of his charges and dismissal of the district attorney and her team.

Prosecutors have not yet filed a response to the motion but said they would do so. Judge McAfee said a hearing on this motion would not be scheduled until after the court has received the response, and the earliest would likely be mid-February.

During the court hearing, Steve Sadow, attorney for President Trump, asked for the option to adopt the motion at a later date. He said he presently had no foundation for the “scandalous and salacious” allegations, the first of which was made public through the court filing, and would certainly wait to see the district attorney’s response filing before making a decision to adopt Mr. Roman’s filing. The judge had no issue with him doing so.

In the court filing, Mr. Roman only cites “sources” and does not provide evidence of Mr. Wade and Ms. Willis’s relationship or proof of such vacation expenditure.

“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,” the filing reads. “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.”

Mr. Roman argued that public records don’t show that Ms. Willis obtained county approval to appoint Mr. Wade as special prosecutor, and that he has sealed records in his ongoing divorce case. He argued this was “indefensible conduct” and thus created an “irreparable defect” in the indictment.

DA Investigated

Ms. Willis is already under investigation by House Republicans, who have alleged election interference and “colluding” with the Jan. 6 Select Committee.

On Jan. 12, House Judiciary Committee Chairman Jim Jordan (R-Ohio) sent a letter to Mr. Wade demanding materials and as part of oversight of “politically motivated prosecutions by state and local officials.”

Mr. Jordan had previously asked Ms. Willis to provide documents and correspondence as part of an investigation, arguing her actions have indicated the case was politically motivated against President Trump, the frontrunner for the Republican Party nominee.

The committee is asking Mr. Wade for documents that show the district attorney’s coordination “with other politically motivated investigations and prosecutions and the potential misuse of federal funds.”

“According to a recent court filing, you have been paid more than $650,000—at the rate of $250 per hour—to serve as an ‘Attorney Consultant’ and later a ‘Special Assistant District Attorney’ in the unprecedented investigation and prosecution of the former President and other former federal officials. This filing also alleges that while receiving a substantial amount of money from Fulton County, you spent extravagantly on lavish vacations with your boss, Ms. Willis,” the letter reads, referencing Mr. Roman’s motion.

Mr. Wade’s invoices include expenses incurred to interview investigators with the Jan. 6 Select Committee and hours of interviews at the White House.

Politico recently reported on the district attorney’s office meeting with the Jan. 6 Select Committee during their investigation, and Mr. Jordan asked Mr. Wade to provide materials to show whether politically motivated collusion had occurred.

Mr. Sadow had previously requested materials from the district attorney’s office which arose out of this meeting. During the Jan. 12 hearing, prosecutors confirmed that some notes taken were work product and not subject to discovery, but any video evidence viewed has since been made public.