COBB COUNTY, Ga. — Update: Nathan Wade, the special prosecutor in the Fulton County 2020 election case, has reached a temporary agreement in his divorce case, canceling a hearing where he may have been forced to answer questions under oath about an alleged romance with his boss — Fulton DA Fani Willis.
The hearing was set for Wednesday, Jan. 31. Cobb County Superior Court Judge Henry Thompson issued a consent order Tuesday, saying Wade and his estranged wife Joycelyn entered into "a temporary agreement addressing all issues presently before the Court."
Attorneys for Joycelyn Wade sought to depose Willis as part of the divorce case. Thompson stayed the subpoena during a court hearing last week, saying he wanted to hear from Nathan Wade before making a final decision regarding Willis.
Willis has until Feb. 2 to respond to a motion from Mike Roman, a codefendant in the election case, that seeks to have Wade, Willis and the Fulton County District Attorney's Office disqualified. Roman also seeks to have the case thrown out.
Former President Donald Trump and attorney Bob Cheeley have adopted Roman's motion. Fulton Superior Court Judge Scott McAfee set a Feb. 15 hearing on the disqualification motion.
Original story:
A Cobb County judge on Monday ruled that Fulton County District Attorney Fani Willis will not yet have to sit for a deposition in the divorce case of Nathan Wade — her special prosecutor in the 2020 election interference case against former President Donald Trump and others.
However, Superior Court judge Henry Thompson also unsealed records in the divorce case that could shine further light on the alleged romance between the two.
You can re-watch the full hearing in the video player above this story.
Allegations of a romantic relationship between Willis and Wade first surfaced in court documents tied to the election case. Records submitted in the ongoing divorce proceedings allege that Nathan Wade bought airline tickets for Willis on trips to San Francisco and Miami, among other items.
Thompson stayed a subpoena against Willis filed by Joycelyn Wade, Nathan's estranged wife. They sought to depose Willis Tuesday morning, but Thompson's ruling blocked it.
Thompson said Nathan Wade is the "first and best source" regarding his finances and alleged romances during Monday's hearing. Willis could be forced to sit for a deposition after the court hears from Wade. A hearing in the divorce case is set for Jan. 31 where Wade may give sworn testimony.
"I'm not prepared ... to grant (Willis') protective order. But since the deposition is set for tomorrow and our first evidentiary hearing is set for the 31st, I will issue a stay," Thompson said. "I will stay the deposition until I'm in a better position to make a determination of whether (Willis) would have any unique knowledge ... that is not possessed by Mr. Wade himself."
Thompson also ruled the divorce records were improperly sealed because a court hearing was not held. Those records became available for inspection Monday afternoon.
RELATED: Filing alleges Fulton special prosecutor Nathan Wade bought airline tickets for DA Fani Willis
Joycelyn Wade's lawyer said she expects Nathan Wade to testify next week.
"It wouldn't matter who she is or what position she holds. If she's having an affair with my client's husband and he's spending my client's money on that relationship, I'm going to find out about it," attorney Andrea Hastings told 11Alive.
Many have questioned what kind of impact the allegations could have on the Fulton County District Attorney's Office's ongoing prosecution of former president Donald Trump and others accused of unlawfully interfering in the 2020 election in Georgia. The judge overseeing the criminal case has scheduled a hearing to evaluate the allegations on Feb. 15.
As special prosecutor, Wade has helped to lead the District Attorney's Office's efforts in that case.
Attorneys for Willis filed a motion last Thursday to block a subpoena in Wade's divorce case. They allege Joycelyn Wade, Nathan's estranged wife, "conspired with interested parties in the criminal Election Interference Case to use the civil discovery process to annoy, embarrass, and oppress" Willis.
Willis' attorneys also argue that she can provide no relevant information to the case.
"Because the parties agree that the marriage is irretrievably broken and the concept of fault is not at issue, there is no information that District Attorney Willis could provide that might prove relevant to granting or denying the divorce. Thus, any information sought from District Attorney Willis would be irrelevant to the divorce proceedings pending in this Court," Willis' attorneys wrote in the motion.
Hastings, the attorney for Joycelyn Wade, responded Thursday.
"We aim to help Ms. Wade resolve her divorce fairly and privately, but apparently Fulton County D.A. Fani Willis would prefer to use her public platform," Hastings said . "Clearly, this matter is personal for her."
Hastings went on to say that any response to Willis' motion would "come in writing through the Court."
The allegations about the romantic relationship were first made by Ashleigh Merchant, an Atlanta attorney representing Philadelphia GOP operative Mike Roman in the 2020 election case. Merchant and multiple media outlets, including 11Alive, sought to unseal records in the divorce case.
Merchant seeks to have Willis, Wade and the Fulton County District Attorney's Office disqualified and dismissed from the case, alleging that Wade and Willis took part in an "improper, clandestine personal relationship.”
Merchant further argues that the indictment is "invalid and unconstitutional" because Willis lacked the power to appoint Wade, who assisted in obtaining the indictment.
"The district attorney and the special prosecutor have been engaged in an improper, clandestine personal relationship during the pendency of this case, which has resulted in the special prosecutor, and, in turn, the district attorney, profiting significantly from this prosecution at the expense of the taxpayers," a portion of Roman's Jan. 8 motion reads. "Accordingly, the district attorney and the special prosecutor have violated laws regulating the use of public monies, suffer from irreparable conflicts of interest, and have violated their oaths of office under the Georgia Rules of Professional Conduct and should be disqualified from prosecuting this matter."
Local and state politicians have called for further investigation into the claims against Willis.
Fulton County Commission Bob Ellis sent a letter to Willis Friday seeking information to determine if Willis misused county funds. Georgia state Sen. Greg Dolezal (R-Cumming) on Monday introduced legislation to establish the Senate Special Committee on Investigations to examine the allegations.
The committee would have nine members, with three Democrats serving. Under the proposed legislation, the committee would have the power to call any party to testify under oath as part of its investigation.
"The multitude of accusations surrounding Ms. Willis, spanning from allegations of prosecutorial misconduct to questions about the use of public funds and accusations of an unprofessional relationship, underscores the urgency for a thorough and impartial examination. We owe it to the public to ensure transparency, accountability and the preservation of the integrity of our justice system," Dolezal said in a statement.
Wade has not responded to multiple requests for comment on the allegations. A District Attorney's Office spokesman has said the DA will only be responding through court filings of her own.
Reporter Zach Merchant contributed to this report.