Filing from DA in Trump case admits 'personal relationship' with prosecutor but denies wrongdoing

The rebuttal came in a 176-page court filing Friday.

ByOlivia Rubin ABCNews logo
Saturday, February 3, 2024
Fulton County DA Fani Willis defends special prosecutor
One of former President Trump's co-defendants in his Georgia election interference case is seeking to dismiss the indictment against him and disqualify DA Willis.

Fulton County District Attorney Fani Willis is pushing back on allegations of misconduct after she was accused of financially benefitting from a relationship with one of the prosecutors on her Georgia election interference case.

In a new 176-page court filing, Willis claims she has "no financial conflict of interest that constitutes a legal bases for disqualification" from the case and that she has "no personal conflict of interest" that would justify her or the office's dismissal.

The filing includes a sworn affidavit from prosecutor Nathan Wade in which he says that in 2022 he and Willis "developed a personal relationship in addition to our professional association and friendship."

In this Aug. 14, 2023 file photo, Fulton County District Attorney Fani Willis enters a room ahead of a press conference next to prosecutor Nathan Wade, in Atlanta.
In this Aug. 14, 2023 file photo, Fulton County District Attorney Fani Willis enters a room ahead of a press conference next to prosecutor Nathan Wade, in Atlanta.
(AP Photo/John Bazemore)

However, the filing says, "any personal relationship among members of the prosecution team does not amount to a disqualifying conflict of interest or otherwise harm a criminal defendant."

The filing claims such relationship would not matter to the case and called for the judge to reject the motions to disqualify her and dismiss the indictment.

"Any personal relationship among members of the prosecution team does not amount to a disqualifying conflict of interest or otherwise harm a criminal defendant," the filing states.

In a court filing earlier this month, Michael Roman, one of former President Donald Trump's 18 co-defendants in the Georgia election interference case, is seeking to dismiss the indictment against him and disqualify Willis from the case on the grounds that she allegedly committed "an act to defraud the public of honest services" based on her "intentional failure" to disclose the alleged relationship with Wade, which she allegedly "personally benefitted from."

MORE | House committee subpoenas Fani Willis for records related to her office's use of federal funds

Willis and Wade have been subpoenaed to testify in a Feb. 15 evidentiary hearing that the judge in the election interference case scheduled to examine the allegations against them, but the DA in her filing has asked the judge to deny the motions from the defendants and essentially cancel the hearing, claiming that "no further factual development is necessary."

The filing claims that the dozen subpoenas issued by Roman's attorney for the hearing include multiple individuals who have no knowledge of the matter, and amount to a "ticket to the circus" that would "intrude even further into the personal lives of the prosecution team in an effort to embarrass and harass the District Attorney personally."

"The State respectfully asks that, after consideration of the Wade Affidavit and other submitted exhibits, the motions be denied without further spectacle," the filing says.

Wade's affidavit, included in the DA's filing, pushes back on allegations that Willis profited financially from the election case, saying that his relationship with Willis started after he was hired, that he had "no financial interest" in the outcome of the case, and that "no funds paid to me in compensations for my role as Special Prosecutor have been shared with or provided to District Attorney Willis."

The affidavit also says personal travel expenses were "roughly divided equally" between them.

"The District Attorney received no funds or personal financial gain from my position as Special Prosecutor," the filing stated.

The filing also says the attacks on Wade's are "factually inaccurate, unsupported, and malicious" and that there is "no basis whatsoever" to dismiss the indictment or the Wade.

"The motions have no merit and, after consideration of the attached exhibits including the sworn affidavit of Special Prosecutor Wade, should be summarily denied without an evidentiary hearing," the filing states.

Trump, Roman, and 17 others pleaded not guilty in August to all charges in a sweeping racketeering indictment for alleged efforts to overturn the results of the 2020 presidential election in the state of Georgia.

Defendants Kenneth Chesebro, Sidney Powell, Jena Ellis and Scott Hall subsequently took plea deals in exchange for agreeing to testify against other defendants.