Fulton County DA Fani Willis attempts to quash subpoena related to alleged misconduct

Georgia prosecutor Fani Willis is hitting back at allegations that she has engaged in an improper relationship with special prosecutor Nathan Wade, accusing his estranged wife of "interfering" with her prosecution of former President Trump.  

Willis has been subpoenaed to give a pretrial deposition in the divorce case of Nathan Wade and Joycelyn Wade on Jan. 23, but in a Thursday court filing, she argued the subpoena should be quashed. 

A portion of the filing reads: "Defendant Joycelyn Wade has conspired with interested parties in the criminal Election Interference Case to use the civil discovery process to annoy, embarrass, and oppress District Attorney Willis."

Willis' attorney, Cinque Axam, wrote that the attempt to question Willis is "obstructing and interfering" with the ongoing criminal case against Trump. 

GEORGIA TRUMP PROSECUTOR FANI WILLIS FACES HEARING ON ALLEGED MISCONDUCT

Fulton County, Georgia, District Attorney Fani Willis speaks during a worship service on Sunday at the Big Bethel AME Church in Atlanta, where she was invited as a guest speaker. During her remarks, Willis suggested that she and special prosecutor Nathan Wade are being scrutinized because they are Black. (Miguel Martinez/Atlanta Journal-Constitution via AP)

Andrea Hastings, a lawyer for Joycelyn Wade, told The Associated Press they want to help her "resolve her divorce fairly and privately" and that any response to Willis' motion will come in a filing with the court.

Trump codefendant Michael Roman’s lawyer accused Willis and Wade of engaging in an improper relationship and mishandling public money in a court filing last week. Roman’s lawyer, Ashleigh Merchant, did not provide evidence of the alleged relationship between Willis and Wade but pointed to proof in Wade’s divorce case.

Merchant alleges that Willis' purported relationship with Wade created a conflict of interest and that she benefited financially from the relationship in the form of lavish vacations the two took using funds his law firm received for working the case.

County records show that Wade has been paid nearly $654,000 in legal fees since January 2022, an amount authorized by the district attorney, or Willis in this case.

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Special prosecutor Nathan Wade listens during a motions hearing for former President Donald Trump's election interference case in Atlanta on Jan. 12, 2024.  (Elijah Nouvelage/The Washington Post via AP, Pool)

Willis has neither confirmed nor denied that she was romantically involved with Wade. 

In her first comments on the matter earlier this week, Willis suggested that she and Wade are being scrutinized because they are Black. 

"They only attacked one," Willis said at the Big Bethel AME Church in Atlanta on Sunday. "First thing they say, ‘Oh, she’s gonna play the race card now.' But no, God, isn’t it them that’s playing the race card when they only question one?"

In the motion filed Thursday, Willis' attorney argued that Nathan and Joycelyn Wade have been separated for more than two years and are going through "an uncontested no-fault divorce," with an "absence of any relevant basis" to question Willis.

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Former President Donald Trump has called for the election interference charges against him in Georgia to be dropped over misconduct allegations against prosecutor Fani Willis. (Brandon Bell/Getty Images)

Merchant has cited "sources close to both the special prosecutor and the district attorney," but so far offered no other proof of the alleged relationship.

"I would have never filed something like this if I didn’t have multiple sources to corroborate," Merchant told WSB-TV in an interview last week, defending the motion she filed on behalf of Roman. 

In statements to The Associated Press, Merchant questioned why Willis insists that answering the subpoena in the divorce case would harm her reputation.

"Ms. Willis alleges that her deposition is being sought in an attempt to harass and damage her professional reputation. Why would her truthful testimony risk damaging her reputation?" Merchant asked. 

TOP TRUMP PROSECUTOR, GEORGIA DA ALLEGED TO BE IN ‘IMPROPER’ ROMANTIC RELATIONSHIP: COURT FILING

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Merchant accused Willis of trying "to create a conspiracy where none exists," noting that she filed her motion on the deadline for pretrial motions in the election case.

"We believe her filing in Cobb County is just another attempt to avoid having to directly answer the important questions Mr. Roman has raised," Merchant wrote.

Willis is scheduled to appear for a Feb. 15 hearing on Merchant's motion. Fulton County Superior Court Judge Scott McAfee ordered prosecutors to file a response by Feb. 2.

Trump, Roman and 17 others were indicted by a Fulton County grand jury in August. They are accused of engaging in a conspiracy to overturn the 2020 presidential election results in Georgia. Four of those indicted have admitted guilt in plea deals with prosecutors. Trump, Roman and the others have pleaded not guilty.

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Trump has called for the case against him to be dropped outright over the allegations.

"You had a very big event yesterday, as you saw, in Georgia, where the district attorney is totally compromised. The case has to be dropped," Trump told reporters last week. "They went after 18 or 20 people... She was out of her mind. Now it turns out that case is totally compromised."

"It’s illegal. What she did is illegal. So we’ll let the state handle that, but what a sad situation it is," he added.

Fox News' Samantha Daigle; Fox News Digital's Anders Hagstrom, Brian Flood and Brandon Gillespie; and The Associated Press contributed to this report.