Legal/Law/Criminal Justice and Reform

Fani Willis Tries To Quash Subpoena Requiring Her To Testify

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Fulton County District Attorney Fani Willis motioned Wednesday to quash a subpoena requiring her to testify at a coming hearing on allegations she improperly benefited from hiring her romantic partner, special prosecutor Nathan Wade.

The attorney for Trump co-defendant Michael Roman, who filed the motion to dismiss the case and disqualify Willis, issued subpoenas to her, Wade and a handful of other staff members in the district attorney’s office. Willis claimed Wednesday that there is “no factual basis that could reasonably justify requiring opposing counsel and other employees to be a witness in the case.”

“Georgia law—as well as authority from across the country predictably frowns on a process that permits counsel for one litigant to compel the testimony of counsel and employees of the opposing party, and there is no justification to depart from that general principle here,” she wrote.

Willis also claimed a subpoena to Wade’s former law partner Terrence Bradley, who represented Wade early in his divorce case, is similarly not in accord with the law because any information he has would be protected by attorney-client privilege.

BREAKING: Fulton County district attorney Fani Willis moves to quash subpoenas to testify that were served her and several members of her staff ahead of Feb. 15 hearing on whether she should be disqualified from the prosecuting Trump and others. https://t.co/lMGFlWkbP6

— Anna Bower (@AnnaBower) February 7, 2024

Roman’s original motion alleged Willis benefited from awarding Wade a lucrative contract when he took her on trips using the money he earned from his position. Bank statements later showed Wade purchased two airline tickets in Willis name to Miami and San Francisco and made payments to a cruise line on the same day he purchased the Miami ticket.

In a Friday filing responding to Roman’s initial motion, Willis confirmed she had a personal relationship with Wade but denied it provided her with any financial benefit. Wade claimed in an affidavit that their relationship did not start until after his contract began and that expenses for travel were “roughly divided equally,” with Willis at times making payments from her own personal funds.

Roman responded later that day by suggesting the testimony of witnesses would contradict Willis’ claims.

“Some of the individuals whom Mr. Roman has subpoenaed to testify have personal knowledge that Wade and Willis’ personal relationship began before his appointment as a special prosecutor,” Roman’s motion stated. “In other words, they have knowledge that the assertion by Willis in the State’s response and in Wade’s affidavit are both false.”

The hearing to consider Roman’s motion is scheduled for Feb. 15.