The judge orders the termination of the divorce proceedings against Trump's special prosecutor in Georgia, who is accused of an affair

A judge has ordered the release of court records related to the divorce of a special prosecutor who was hired in the Georgia election case against Donald Trump and accused of having an affair with Fulton County District Attorney Fani Willis

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KATE BRUMBACK and ALANNA DURKIN RICHER Associated Press

January 22, 2024, 12:49 pm ET

4 minutes read

But recently unsealed court documents made no reference to the affair allegations that have rocked the case in which Trump and 18 allies are accused of working to overturn his 2020 election defeat in the state.

The judge ordered the dismissal of the divorce case against special prosecutor Nathan Wade after a defense attorney filed a motion alleging an inappropriate relationship between Willis and Wade. The judge also postponed a final decision on whether Willis must be questioned in the divorce proceedings, but postponed her testimony scheduled for Tuesday.

Willis defended her hiring of Wade, who has little experience as a prosecutor, and did not outright deny a romantic relationship. She has accused Wade's estranged wife of trying to hinder her election interference case against Trump and others by attempting to question her in the couple's divorce proceedings.

The affair allegations threaten to mar the prosecution as the Republican primary candidate and others seize on the claims to attack the case and Wade's qualifications as a prosecutor. Trump pleaded not guilty, denied any wrongdoing and called the charges politically motivated.

Willis was served with the subpoena to testify in the divorce trial on the same day that defense attorney Ashleigh Merchant, representing former Trump campaign staffer and former White House adviser Michael Roman, filed a motion earlier this month denouncing the romantic relationship between Willis and Wade introduced it to him.

Documents filed in court indicate that Wade purchased airline tickets on behalf of Willis, and Joycelyn Wade's attorney argued that there “appears to be no reasonable explanation for her travels other than a romantic relationship.” Joycelyn Wade's attorney, Andrea Dyer Hastings, told the judge Monday that he believed Willis had “unique personal knowledge” related to the divorce case and should be subject to questioning.

“She’s trying to hide under the shield of her position,” Hastings said of Willis.

Cinque Axam, an attorney for Willis, said the question before the court is how the marital assets should be divided, and determining how that should be done has nothing to do with Willis, who does not share accounts with Nathan Wade, and I can do that. I also have no control over how he spends his money.

During a brief hearing in Cobb County Superior Court, Judge Henry Thompson said he could only decide whether Willis would have to testify in the divorce proceedings after Wade himself was questioned later this month. In ruling that court documents in the divorce proceedings must be made public, he said a previous judge wrongly ordered the case dismissed without a hearing.

Joycelyn Wade's attorney wrote in court papers filed Friday that Nathan Wade traveled and took trips to San Francisco and Napa Valley, Florida, Belize, Panama and Australia

n Caribbean cruises since filing for divorce and that Willis “was a travel partner with an airline on at least some of those trips, as evidenced by the flights he purchased for their company.”

The file includes credit card statements showing that Nathan Wade — after he was hired as special prosecutor — purchased plane tickets for him and Willis to travel to Miami in October 2022 and tickets to San Francisco on their behalf in April.

It is one of four cases Trump is facing as he fights to return to the White House. Prosecutors are using a law usually associated with gangsters to accuse the former president, lawyers and other aides of a “criminal enterprise” to keep him in power. Four people have already pleaded guilty in the Georgia election case after making deals with prosecutors. The remaining 15, including Trump and former New York Mayor Rudy Giuliani, have pleaded not guilty.

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Richer reported from Boston.