A Georgia judge on Monday halted Fulton County District Attorney Fani Willis' (D) scheduled testimony in the divorce case involving a top prosecutor in the 2020 election interference case against former President Trump.
Special prosecutor Nathan Wade's divorce came into the spotlight after one of Trump's co-defendants, Michael Roman, accused Wade and Willis of engaging in an inappropriate romantic relationship, making the prosecution's sweeping racketeering indictment “completely deficient.”
Andrea Hastings, an attorney for Wade's estranged wife, argued Monday that Willis has “unique knowledge” about Wade's marriage and that her position as district attorney should not shield her from revealing that information to help divide the Wades' marital assets to help.
Willis was subpoenaed earlier this month in the ongoing divorce proceedings between Wade and his wife Joycelyn, which began in 2021.
“She’s trying to hide under the shield of her position,” Hastings said of Willis.
Willis' attorney, Cinque Axam, said Monday that any information Willis receives could also be provided by Wade.
“You have two partners in the case, one of whom allegedly had an extramarital affair with Ms. Willis,” Axam argued. “If that's the case – if that's true, [Wade] has this information.”
“In this case, there are other ways to get this information,” he said.
Axam also said Willis doesn't share bank accounts with Wade, nor does she dictate how he spends his money — “no matter where it comes from,” he said.
Last week, Wade's wife accused Wade in court papers of buying multiple flights for herself and Willis in the months before they accused Trump and 18 others of trying to undermine the state's 2020 election results.
The documents include bank statements that appear to show flights to San Francisco and Miami as the Fulton County District Attorney's Office investigates Trump and his allies.
Judge Henry Thompson declined to exempt Willis from future deposition, but temporarily stayed the request until Wade was deposed.
“Only after hearing what Mr. Wade has to say do I think I can determine whether the proposed opponent has unique knowledge on these issues,” Thompson said.
Thompson also agreed to unseal documents related to Wade's divorce after finding that the original order sealing the case had not been properly entered.
The matter was brought to the court's attention by Ashleigh Merchant, Roman's lawyer. A coalition of media companies also requested that the records be unsealed.
Roman, the defendant who originally came forward about the alleged relationship, has asked a judge to dismiss the case against him and bar Willis, Wade and the Fulton County District Attorney's Office from further involvement in the case.
Prosecutors have repeatedly declined to comment on the romance allegations and indicated they would respond in court documents.
Judge Scott McAfee, who is overseeing Trump's case, ordered Willis to respond to the allegations in writing by February 2.
McAfee has also scheduled a hearing on the matter for February 15.
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