Nathan Wade's appointment as the lead prosecutor in the Georgia election interference case in 2021, tasked with prosecuting former President Donald Trump, left many of his close allies, including lawyers in Cobb County where Wade practiced law, questioning why he was chosen for the role. Fulton County District Attorney Fani Willis had a larger and more experienced staff, including felony prosecutors, leading to widespread confusion about the decision to appoint Wade, who had limited experience as a prosecutor and had primarily handled misdemeanors.
Two years after, there are emerging questions regarding Wade's involvement. A co-defendant of Trump, who is facing criminal charges for attempting to overturn the 2020 election, has claimed in court documents that Wade is in a romantic relationship with Willis. It is also alleged that Wade used funds billed to the district attorney's office for his work on the case to finance luxurious vacations for Willis. Although no direct evidence of their romantic involvement was included in the filing, Willis has been subpoenaed to appear at a deposition in Wade's divorce proceedings.
Pallavi Bailey, a representative for Willis, informed CNN that the office plans to address the allegations "through proper court filings."
Wade has yet to respond to CNN's requests for comment and appeared to be in good spirits as he arrived at a scheduled Friday afternoon motions hearing covering various aspects of the case.
In Atlanta, Georgia, on August 14, 2023, Fulton County District Attorney Fani Willis held a news conference at the Fulton County Government building. A grand jury has recently issued an indictment accusing former President Donald Trump and his Republican allies of attempting to overturn the 2020 election results in the state. (Photo by Joe Raedle/Getty Images)
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Fulton County DA subpoenaed in divorce proceedings of lead prosecutor in Trump case
Willis finds himself in the midst of a political controversy due to the situation, with Trump and his co-defendant arguing that Wade, Willis, and the entire district attorney's office should be removed from the case. While the allegations may not stop the prosecution, several lawyers have informed CNN that the perceived conflict of interest could harm Willis' prospects of obtaining a conviction from a jury.
The judge presiding over the case announced on Friday that a hearing regarding the allegations is scheduled to take place in early February.
Former DeKalb County District Attorney Robert James has no doubt about Wade's qualifications, but he does have reservations about Willis's decision to involve him in the case if the allegations of an improper relationship are true.
"I probably wouldn't have done it if I had a personal relationship," James stated in an interview with CNN. "Not because there's anything improper about it, but because people could misconstrue it and make it seem inappropriate."
"Politically, I don't think it's a wise move," James commented.
Former US Attorney in Georgia and CNN legal analyst Michael Moore suggested that Willis should think about stepping away from the case due to its high-profile nature.
Moore advised her to remove herself from the case, stating that the allegations made the case larger than any single prosecutor. He emphasized the importance of prioritizing the facts of the Trump case over her political career at this moment. Ohio Rep. Jim Jordan, the Republican chair of the House Judiciary Committee, sent a letter on Friday asking Wade to provide documents and communications related to the Georgia investigation into Trump's efforts to overturn the 2020 election.
Republicans on the Judiciary Committee have long sought to undermine the credibility of Willis case. Her office has rebuffed previous demands from Jordans asking for documents.
An undisclosed contact with White House
This week, Michael Roman, a former Trump 2020 campaign official indicted for his involvement in the fake electors plot in Georgia, made allegations against Willis and Wade in a 127-page court filing. There are two sources familiar with the matter who claim that Trump's team is considering joining Roman's motion, which would formalize their endorsement of the allegations against Wade and Willis.
However, Trump shows no indication of being in a hurry - he has the ability to publicly enhance these allegations with minimal legal repercussions while he waits to see the response from the DA's team, according to sources. On January 31, a Cobb County court is set to hold a hearing to consider Roman's request to unseal documents in Wade's divorce case.
In addition, Trump and his political supporters are capitalizing on the revelation of entries in Wade's expense reports that reveal previously undisclosed communication between Fulton County prosecutors and the Biden White House. They are using this as evidence of a coordinated plot to sabotage the former president's re-election campaign.
The expense reports were submitted as part of Romans' filing, indicating a phone call with the White House counsel's office in May 2022 and an "interview with DC/White House" in November 2022.
Despite a review of White House visitor logs from November 2022, there were no entries found for Nathan Wade, as reported by CNN.
Thats ridiculous
According to individuals familiar with the situation, the interactions were standard procedure, with Willis collecting evidence and interviewing witnesses in preparation for her inquiry before a special grand jury. One source disclosed that the conversations with the White House legal team pertained to the protocol for reaching out to former Trump administration personnel.
Several lawyers who reviewed Wade's billing document included in Roman's motion found one line item particularly noteworthy: on November 5, 2021, Wade billed the Fulton County DA for 24 hours in a day at $250 per hour.
Fulton County criminal defense attorney Suri Chada Jimenez stated, "That's absurd. He could have billed 12 hours at $500, which would have been more reasonable and in line with the rates of other lawyers."
CNN has been unable to verify Wade's actions on that day, but it took nearly six months before the special purpose grand jury was appointed with the authority to investigate whether crimes were committed in Georgia by Trump and his associates.
Fulton County District Attorney Fani Willis, flanked by Wade on her left, speaks at a news conference on August 14, 2023 in Atlanta, Georgia.
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Wade has earned over $650,000 for his work on the case during the last two years, as indicated by Romans filing that contains invoices from Wades firm. The filing asserts that Wade earned more than the other prosecutors in the DAs office.
"Criminal defense attorney Scott Grubman told CNN, "Prosecutors must be held to the highest standard because, unlike us poor defense lawyers, they get to take away people's liberty." Grubman previously faced off against Wade as the former defense attorney for one-time Trump co-defendant Ken Chesebro, who reached a plea deal with Willis' team last year.
Some who are familiar with Wade and spoke to CNN anonymously are concerned that the allegations could damage the Fulton prosecutors' case against Trump.
"It's now even more difficult to secure a conviction," said a lawyer who knows Wade personally. "This is disappointing."
Previous missteps
This is not the first criticism of missteps against Willis and Wade to surface in the high-profile case.
In 2022, Judge Robert McBurney of the Fulton County Superior Court disqualified prosecutor Willis from pursuing charges against Georgia State Sen. Burt Jones, who also served as a pro-Trump fake elector. This decision came after Willis held a fundraiser for Jones's political opponent and then informed the state senator that he was a target of her investigation. During a court hearing on the matter, McBurney criticized Willis for hosting a fundraiser for a Democratic candidate running against one of the potential targets of the investigation.
McBurney exclaimed, "What are you thinking? The optics of this situation are terrible."
Furthermore, in the previous year, numerous defendants in the election subversion case voiced their dissatisfaction after receiving an advertising brochure mailer from Wade & Campbell, the Atlanta-based defense firm of Nathan Wade, at their residences.
Fulton County Superior Court Judge Scott McAfee, in charge of the Fulton case, denied requests from multiple defendants in the Georgia election subversion case for a hearing on the brochure in order to seek some form of reprimand.
McAfee acknowledged that the incident was a source of embarrassment for the prosecutors, but found no evidence to suggest that it was done purposely. In his order from September 2023, McAfee stated, "While it may be embarrassing for Special Prosecutor Wade and his firm, this case should not be derailed by matters that appear to lack merit."
Who is Nathan Wade
According to the website of his Atlanta law firm Wade & Campbell, Wade is characterized as a "former prosecutor and trial attorney" and also as a "skilled negotiator who knows when to take a case to trial."
Fulton County Superior Judge Scott McAfee listens as Special Prosecutor Nathan Wade addresses the jury questionnaire hearing at the Fulton County Courthouse on October 16, 2023 in Atlanta, Georgia.
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He was appointed to oversee the 2020 election subversion investigation by Willis in late 2021, as their special purpose grand jury investigation was ramping up.
The Wade & Campbell website highlights their expertise in personal injury, contract litigation, family and domestic law, and criminal defense. Additionally, Wade is noted to serve as Associate Municipal Court Judge and Pro Has State Court Judge in Cobb County.
Defense attorney Manny Aurora, who previously worked with Grubman representing Chesebro, expressed greater concern about Wade's "complete lack of experience" rather than the alleged affair and potential payments. He also mentioned negotiating a plea deal.
Aurora expressed to CNN that the primary worry is hiring an attorney for the significant RICO case, rather than the reported affair and financial payments. This is especially concerning when the chosen counsel has no prior experience handling RICO cases. In 2021, John Floyd, a lawyer with extensive knowledge of racketeering cases, joined Willis' team to specifically focus on the Trump case and other cases, such as Willis' gang indictment against the rapper Young Thug.