Fulton County District Attorney Fani Willis, who is leading the prosecution of former President Donald Trump and 14 others in Georgia, has come under fire in recent weeks after several allegations were made about misappropriation of state funds used in the high-profile case.
An attorney representing Michael Roman, one of the 14 co-defendants, filed a motion on Jan. 8 to dismiss the case based on alleged “improper” behavior by prosecutors.
The attorney, Ashleigh Merchant, accuses Ms. Willis of using money meant for clearing COVID-19-era backlogs to hire private attorney Nathan Wade as a special prosecutor on the case. The attorney further alleges that Ms. Willis was in a romantic relationship with Mr. Wade and benefited financially from the arrangement through trips to various cities with him.
At the same time, Mr. Wade is seeking to divorce his estranged wife, Joycelyn Wade.
In court filings from the divorce case, Ms. Wade corroborates the existence of the trips through bank records. Ms. Willis and Ms. Wade then made several personal accusations against each other via court filings after Ms. Wade’s attorneys subpoenaed Ms. Willis for a deposition in the divorce case.
Ms. Willis hasn’t publicly denied allegations or offered explanations thus far, but answers are expected to be forthcoming in a motion no later than Feb. 2 and during a Feb. 15 court hearing scheduled by Fulton County Superior Judge Scott McAfee.
The district attorney will have to respond to the motion, which argues that she and her team should be dismissed from the case because of “improper” behavior, but the judge may not issue an immediate ruling.
The Election Case
On Aug. 14, 2023, President Trump and 18 others were indicted for allegedly violating Georgia’s Racketeer Influenced and Corrupt Organizations Act (RICO) and on 40 other counts for their actions to challenge the 2020 election results.Four of the original defendants have since made guilty pleas, bargaining down several felony charges to misdemeanors or one felony. None has received jail time, and all are required to cooperate with prosecutors and are likely to testify against the remaining defendants.
An October 2023 trial was on the schedule until the two defendants demanding a speedy trial accepted plea bargains. The case is now in the pretrial motions phase, and the judge has been holding regular hearings for some months.
The Allegations
Ms. Merchant’s motion was the first time that these allegations were made public.Mr. Wade has been present at almost every hearing in the election case since the beginning, including a routine motions hearing on Jan. 12 after Ms. Merchant’s motion was filed. The allegations weren’t addressed during that hearing, and Mr. Wade was absent from the next hearing on Jan. 19, after the investigations were launched related to Ms. Merchant’s allegations.
Mr. Wade is a partner at his own private law firm, and Fulton County has paid him about $650,000 at a rate of $250 per hour for his work as a special prosecutor, the motion alleges.
“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.”
Ms. Merchant’s filing cites only “sources” and doesn’t provide evidence for the allegations in the motion, but she later told reporters that she had witnesses ready to testify against Ms. Willis.
The Divorce
On the same day that Ms. Merchant filed the motion, Ms. Wade subpoenaed Ms. Willis to be deposed in her divorce case.Ms. Willis sought to quash the subpoena with a court filing for an emergency protective order on Jan. 18.
The motion also put forth a narrative about the nature of the Wades’ divorce.
It alleges that Ms. Wade had had an extramarital affair with Mr. Wade’s longtime friend and that the couple was long separated but had put off a formal divorce until their children reached the age of majority. The motion alleges that both parties had agreed that the marriage was “irretrievably broken” and thus the matter of divorce was all but settled.
Ms. Wade claims that Mr. Wade hadn’t disclosed the supplemental income that he was receiving from his appointment as special prosecutor by the district attorney’s office and had “left Defendant [Ms. Wade] with little means of financial support while simultaneously spending tens of thousands of dollars per month on a very lavish lifestyle.”
The response motion cites trips to California, Florida, and Belize, and Caribbean cruises as examples of the “lavish lifestyle” and argues “evidence is clear that Ms. Willis was an intended travel partner for at least some of these trips as indicated by flights he purchased for her to accompany him.” Credit card statements were submitted to show the expenses of these trips.
It also calls Ms. Willis’s allegation of Ms. Wade’s affair false, offering a different account of events.
“The evidence will demonstrate that Ms. Wade did not have an affair. Defendant was experiencing a profound sense of disconnection in her marriage to the Plaintiff, who had essentially ceased investing in their relationship following Plaintiff’s own, actual infidelity,” the motion reads.
It alleges that, feeling “isolated” after Mr. Wade’s previous affair, Ms. Wade “regrettably reconnected with an old friend through social media and text messages were the sole extent of their contact. Plaintiff and Defendant successfully worked through this issue, as evidenced by the fact that it was not until four (4) years later that Plaintiff filed for divorce.”
On Jan. 22, a judge unsealed the divorce records but stayed Ms. Willis’s deposition until after Mr. Wade had been deposed, reasoning that he could likely provide the information that Ms. Wade was seeking. Another hearing in the divorce case is to be held on Jan. 31, during which the judge is expected to decide whether Ms. Willis can be deposed.
The Election Case Hearing
Ms. Merchant argues that the “indefensible conduct” of misusing public funds with a district attorney’s broad use of power is grounds for dismissal, and prosecutors will be expected to address these allegations.Ms. Willis’s response ahead of the hearing could outline the district attorney’s position and arguments, and it’s possible that Ms. Merchant will file a reply on behalf of Mr. Roman, and that other defendants may join the motion.
During the Feb. 15 hearing, which is open to the public, the judge will ask his own questions as well.
Given the high-profile nature of these allegations, the judge is likely to name a deadline for his decision, as he did when a protective order was requested after videos of the four former defendants were leaked, but he may not necessarily issue a decision immediately during the trial.
If Judge McAfee decides to remove the district attorney from the case, it wouldn’t mean the end of the case. The Prosecuting Attorneys’ Council of Georgia would appoint another lead prosecutor, but the new prosecutor could pursue different charges or even dismiss charges.
Investigations
The Fulton County Audit Committee has asked Ms. Willis to address these allegations.Mr. Ellis requested that Ms. Willis provide the methods of determining payment for special prosecutors used by her office, expenses that special prosecutors have submitted since 2021, and other information by Feb. 2.
Mr. Jordan highlighted the allegations that Mr. Wade had misused public funds, but he demanded materials relating to Mr. Wade’s trip to Washington to speak with investigators of the Jan. 6 select committee rather than materials related to trips with Ms. Willis. The Judiciary Committee is investigating allegations that the Fulton County team colluded with the Jan. 6 select committee to target political opponents.
Ms. Willis didn’t respond to a request for comment by press time.
