ATLANTA — The Atlanta judge overseeing the election interference case against former President Donald Trump and 14 others will hear evidence next month tied to allegations that Fulton County District Attorney Fani Willis and special prosecutor Nathan Wade engaged in an improper romantic relationship and committed other forms of misconduct.
Fulton County Superior Court Judge Scott McAfee set the hearing for Feb. 15. He's also given the Fulton County District Attorney's Office a Feb. 2 deadline to file a written response to the allegations made by Trump codefendant Mike Roman and his legal team.
They seek 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.”
Roman's legal team 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."
Roman's filing offered no concrete proof to support the allegations. Earlier this week, Emory Law School professor John Acevedo said he was skeptical of the claims because "it would have to be an extraordinary level of hubris to think you could get away with it in such a high-profile case."
But the news that a hearing had been set has begun to alter his opinion.
"The scheduling of a hearing doesn't mean that there was an inappropriate relationship," he said. "But it does mean that the allegations are substantiated enough that the court is willing to take time to hold a hearing."
Though, he added, the move could also reflect the magnitude of the case.
"This is inflammatory and this is such a high-profile case, it might simply be the judge being overly cautious that there is no hint of impropriety to the public," said Acevedo.
Willis did not directly address the romance allegations during a Sunday speech at Atlanta’s historic Big Bethel A.M.E. Church, and a spokesperson for her office declined to answer questions from 11Alive earlier this week.
"As I have repeatedly stated to the media, these matters were filed in a motion to the court, and the response from our office must come in a responsive filing to that motion," said spokesperson Jeff DiSantis. "We will limit our comment on this matter and all other motions filed by defendants to statements made in motions and in court."
Attorneys for Willis filed a motion Thursday to block a subpoena in Nathan Wade's divorce case in Cobb County. 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. Joycelyn Wade's attorneys seek to depose Willis on Jan. 23.
"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.
Andrea Hastings, an 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," said Hastings. "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."
Multiple media outlets, including 11Alive, are seeking to unseal records in the divorce case.
This is not the first time Nathan Wade's conduct has been called into question.
In a 2020 lawsuit filed on behalf of 11Alive, Wade testified that he kept no written records during a five-month period where he was leading a third-party investigation of jail deaths in Cobb County. Wade also claimed that he destroyed notes.
The courts ruled in favor of 11Alive and compelled the Cobb County Sheriff's Office to release requested records. A Cobb County judge dismissed all claims against Wade after finding that “there is no evidence that (he) possesses any documents or other materials subject to the Open Records Act request.”
Wade was appointed special prosecutor on Nov. 1, 2021. He filed for divorce the following day.
Records reviewed by 11Alive earlier this week show Wade has been paid over half a million dollars more than the two other special prosecutors on the case between 2022 and 2023.
A Fulton County grand jury indicted Trump and 18 others in August. Four people to date have taken plea deals for prosecutors.