The Fulton county district attorney, Fani Willis, and Nathan Wade, a special prosecutor working on the case against Donald Trump and 14 other defendants, confirmed for the first time on Friday they had a romantic relationship. But they denied any wrongdoing and Willis said she should not be disqualified from the case.
“In 2022, District Attorney Willis and I developed a personal relationship in addition to our professional association and friendship,” Wade wrote in an affidavit attached to a 176-page motion Willis filed in court on Friday. Notably, Wade said the relationship developed after he was hired to work on the Trump case in 2021.
Willis wrote in the filing she had no personal or financial conflict of interest that “constitutes a legal basis for disqualification”. She urged Judge Scott McAfee, who is overseeing the case, to dismiss a request to disqualify her without a hearing, currently set for 15 February.
“While the allegations raised in the various motions are salacious and garnered the media attention they were designed to obtain, none provide this court with any basis upon which to order the relief they seek,” she wrote.
Michael Roman, a seasoned Republican operative and one of the defendants in the wide-ranging racketeering case against Trump and associates for trying to overturn the election, is seeking Willis’s disqualification. He alleges that Wade used money he earned from his work in Willis’s office on the case to pay for vacations for the two of them. Trump and Robert Cheeley, another defendant, have also joined Roman’s request to dismiss the case.
Legal experts are largely dubious of Roman’s request to disqualify Willis.
“The filing effectively ended any question I had about what Judge McAfee should and will do. The motion to dismiss and disqualify will be roundly and easily rejected. My only question now is whether other defendants will slowly back away from the Roman motion given how effectively the DA dispatched with the allegations of serious wrongdoing,” said Anthony Michael Kreis, a law professor at Georgia State University.
But the confirmation of a relationship with Wade could still do serious harm to Willis in terms of the politics of the case, undermining the credibility of her judgment in the public’s view. The fact that Willis did not disclose the relationship publicly before Roman’s filing, and did not respond to the allegation for weeks, could also leave the impression she was trying to conceal it from public view. Trump, who has already taunted Willis over the relationship, is also likely to dig in.
Meanwhile, even though he may not have done anything wrong legally, some experts have called for Wade to step aside in order to protect the public perception of the case.
There is no evidence that the relationship resulted in any financial gain for Willis, the district attorney wrote in her filing. She noted they had no joint bank accounts or shared expenses and were not financially dependent on each other. While Wade has purchased travel for Willis with his personal funds, she also noted that she had done the same for him.
“Financial responsibility for personal travel taken is divided roughly evenly between the two, with neither being primarily responsible for expenses of the other, and all expenses paid for with individual personal funds,” Willis wrote in the filing.
A personal relationship between two lawyers also is not enough to disqualify a prosecutor, Willis wrote. She noted that some of the lawyers for various defendants in the case were either married or in a personal relationship. She noted Roman had offered no evidence their relationship affected prosecuting the case in any way.
“The existence of a relationship between members of a prosecution team, in and of itself, is simply not a status that entitles a criminal defendant any remedy,” she wrote.
Willis also rebuffed an additional argument by Trump’s attorneys that she should be disqualified because of comments she made at a Black church saying attacks on her were racist. Trump had used those comments to suggest the prosecution against him was racially motivated.
“The motion makes no serious legal argument, establishes no violation of any ethical rule, and makes no real effort to link the public statements to the legal standard for disqualification,” she wrote. “Instead, much like the motion advanced by … Defendant Roman, Defendant Trump’s motion appears designed to generate media attention rather than accomplish some form of legitimate legal practice. It should be dismissed out of hand.”
Steve Sadow, Trump’s lead attorney in Fulton county, dismissed Willis’s filing.
“While the DA admits to an intimate relationship with her employee Special Asst DA Wade, she fails to provide full transparency and necessary financial details. Indeed, she says absolutely nothing about the so-called ‘coincidence’ of Wade filing for divorce the day after the DA hired him!” he said in a statement.
“Most significantly, and disingenuously, the DA attempts to explain and downplay her ‘church speech’, by preposterously claiming that her racially charged extra-judicial comments were somehow not about the case or the defendants, and that her intentional injection of racial animus in violation of her ethical responsibilities as a prosecutor should simply be ignored,” he added.
“Apparently, the DA believes she can make public out-of-court statements about race, this case, and the defendants whenever she wants, and the court is powerless to punish her by disqualification.”
Shortly after the filing, Trump distorted what Willis had said into falsehoods and used it to attack her. In a post on Truth Social, his social media platform, he said: “By going after the most high level person, and the Republican Nominee, she was able to get her ‘lover’ much more money, almost a Million Dollars, than she would be able to get for the prosecution of any other person or individual. THAT MEANS THAT THIS SCAM IS TOTALLY DISCREDITED & OVER!”
Willis’s filing on Friday details how Wade stepped away from lucrative other legal work to handle the case and took on a reduced governmental rate to work on the case.
