Inside the Messy Scandal Muddying Georgia’s Trump Case

It hardly seems possible, but criminal charges against Donald Trump have been overshadowed by another story: allegations of misconduct against Fani Willis, the Georgia district attorney who brought the election interference case against the ex-president.

It’s a convoluted drama that involves accusations she had a romantic relationship with special prosecutor Nathan Wade, insinuations that taxpayer money funded romantic getaways, and calls for her to be removed from office. It’s playing out in divorce court, criminal court, and the court of public opinion.

Here, we break down how it unfolded and what could happen next.

What is Fani Willis’ role in the Donald Trump legal saga?

Willis is the Fulton County District Attorney, the top prosecutor in the largest county in the Atlanta region. Before she was elected in 2020, she was a prosecutor and a chief municipal judge in South Fulton.

In 2021, she launched a criminal investigation into alleged attempts by former President Donald Trump and his allies to influence the 2020 election in Georgia. Last August, Trump and 18 others were indicted on racketeering charges for the alleged conspiracy to change election results. Four defendants have since pleaded guilty in the case and have agreed to cooperate with the prosecution.

So who is Nathan Wade?

Wade is an Atlanta-area defense attorney who runs a private practice that specializes in contract disputes and family law. Before that, he was a prosecutor and a former part-time associate municipal court judge. Wade has also been an informal adviser to Willis since at least 2019, when she was first elected as chief municipal judge.

In 2021, Willis hired Wade and two others as special prosecutors in the Trump case. According to The Washington Post, Wade led the Trump probe through the initial investigation and the special purpose grand jury.

Why did Willis need to hire a special prosecutor?

A special prosecutor is an independent prosecutor appointed to investigate a specific case of public importance or that poses a conflict of interest for the normal prosecuting authority in the area. Given the size of the state case and the large number of defendants, it is not a surprise that Willis enlisted outside help.

Months after Willis opened the criminal investigation into the 2020 election, she hired Wade; John Floyd, a renowned expert on racketeering law; and former prosecutor Anna Cross as special prosecutors to oversee the Trump case.

“The truth is, and I mean it in no way disrespectful to Mr. Wade, he was not my first choice as special counsel,” she said in a 2022 interview, according to The New York Times. Willis said that she was turned down by other lawyers for the role before she convinced Wade to take it on Nov. 1, 2021.

“He wasn’t afraid,” she added. “And I needed someone not afraid.”

What about the allegations against Wade and Willis?

Simply put, the two were accused of having an affair and going on lavish trips underwritten by Wade’s hefty special prosecutor's paycheck.

The claim was first made public on Jan. 8 in a motion by Trump aide Michael Roman’s lawyer to dismiss the indictment against his client. The motion alleges Willis and Wade started their romantic relationship before he was named a Trump special prosecutor and that they “have been engaged in an improper, clandestine personal relationship during the pendency of this case.”

The motion revealed that Wade has been paid about $654,000 as a special prosecutor. That taxpayer money—which was authorized by Willis’ office—was then allegedly used to pay for some of the trips he purportedly took with Willis to Miami, Aruba, and California.

While Roman dropped the bombshell, it was the Wade divorce case that provided the receipts.

In an attempted push to subpoena Willis for information about Wade’s finances, his estranged wife’s lawyers filed a motion with credit card statements that show he bought at least two flights with Willis between 2022 and 2023 and a seat for the DA’s mother on a flight to Miami.

Where does the divorce stand?

On Tuesday evening, the Wades reached a temporary agreement on several undisclosed matters ahead of a final settlement in their divorce case.

The agreement came just one day before Wade was set to testify at a divorce hearing, where he likely would have faced questions about his finances and the alleged affair before the judge ruled on whether Willis would be subpoenaed.

What do Wade and Willis say about these allegations?

Not much. They have until Friday to formally respond in writing to the misconduct allegations after Fulton County Superior Court Judge Scott McAfee, who handles the Trump racketeering case, set a Feb. 15 hearing. Willis and Wade were subpoenaed to testify at the evidentiary hearing, according to a lawsuit Roman’s lawyer filed on Tuesday alleging that the DA’s office has been “stonewalling” efforts to get public information. (The DA’s office denied the allegations.)

Willis did hint at the controversy in a speech at an Atlanta church defending Wade’s qualifications and her ability to lead her office. She did not mention Wade by name but described him as a “superstar, a great friend, and a great lawyer.”

“You did not tell me, as a woman of color, it would not matter what I did—my motive, my talent, my ability, and my character would be constantly attacked,” she said.

Former DeKalb County District Attorney J. Tom Morgan told The Daily Beast that he expects Wade and Willis’ answers on Friday to be “really straightforward.” Even if there was an affair, he said, it does not mean they violated ethical rules in Fulton County.

“Mr. Wade earned that money,” Morgan added. “I think it is stretching it to say she gave him the job so they could go on a trip. They’re going on trips together; he is not paying a bribe.”

Will this affect the Trump prosecution?

Theoretically it could.

Morgan does not think McAfee will dismiss the Trump case after the Feb. 15 hearing or disqualify Wade or Willis. (If Willis’ office is removed, or if the DA recuses herself, then a state agency would have to appoint another prosecutor.)

But, Morgan said, McAfee could grant an appeal of his ruling on the motion to dismiss, which could put Georgia’s Trump case on hold. “That’s really what’s at stake here. Embarrass the prosecution and delay this case,” he said.

Could Willis or Wade be punished in any way?

That remains to be seen. Republicans in the Georgia Senate last week passed legislation to establish a panel to investigate the allegations that Willis had a conflict of interest in hiring Wade or misused public funds. The special committee, which consists of three Democrats and six Republicans, cannot remove her from office but its hearings could be politically damaging. State GOP Rep. Charlice Bryd also filed a resolution calling for Willis’ impeachment and Rep. Marjorie Taylor Greene filed an ethics complaint against Wade.

There is no denying that the allegations against Willis have become a distracting sideshow to the serious racketeering case against the former president, who is under indictment in three other jurisdictions as well.

“It’s salacious and has the twist that it’s a female boss hiring a male employee,” Morgan said. “At the end of the day, sex always sells.”