On Friday afternoon, Georgia attorney Nathan Wade resigned from the Fulton County District Attorney’s prosecution of former President Donald Trump for attempting to change the results of the 2020 election. Wade was the lead attorney on the case , but his relationship with District Attorney Fani Willis brought unwanted attention to the prosecution.
The allegations first became public in January, when one of Trump’s co-defendants filed a motion in the case alleging that Willis and Wade had been romantically involved. The motion claimed a conflict of interest and called for Willis and his office to both be disqualified.
Wade was hired in November 2021 and over the next two-plus years was paid more than $720,000 by the Fulton County District Attorney’s Office, far more than any of the other attorneys hired on the case. Wade received this lucrative offer despite the fact that he had no apparent experience in felony jury trials, much less as complex as prosecuting a former president for racketeering.
In an attempt to have Willis disqualified, the defendants alleged that Wade took her on lavish vacations and gave her expensive gifts during their relationship, giving Willis an incentive to continue the investigation — and keep Wade employed — so that he could continue to benefit from his salaries. Wade and Willis claimed under oath that they split the cost of their trips, with Willis often repaying him in cash.
In a ruling issued Friday morning, Fulton County Superior Court Judge Scott McAfee split the difference. While he discovered that “The defendants failed to meet their burden of proving that theThe district attorney has acquired a real conflict of interest in this case,” he also said ruled that “the prosecution of this case cannot proceed until the State chooses one of two options. The District Attorney can choose to step aside, along with his entire office,” or “Wade can retire.”
On Friday afternoon, Wade opted for the second option, handing in his resignation in a one-page memo addressed to Willis.
“Promoting the rule of law and democracy is and always has been the guiding star of our joint efforts in prosecuting those alleged to have attempted to overturn the results of Georgia’s 2020 presidential election,” Wade wrote. “I offer my resignation in the interest of democracy, in dedication to the American public, and to prosecute this case as quickly as possible. I am proud of the work our team has done in investigating, indicting, and prosecuting this case.”
Willis soon responded with a brief of his own, accepting Wade’s resignation and speaking of his tenure in glowing terms.
“I commend you for the professionalism and dignity you have demonstrated over the past 865 days, enduring threats against you and your family, as well as unwarranted attacks in the media and in court on your reputation as a lawyer,” Willis wrote. . He calls him “an outstanding advocate” and expresses his “sincere gratitude on behalf of the citizens of Fulton County, Georgia, for your patriotism, courage and dedication to justice.”
There was no awareness in Willis and Wade’s memos of the inappropriate nature of their relationship and how it could taint their case, which had been considered the strongest of all the prosecutions against Trump. Instead, Willis had an inappropriate relationship with a subordinate that would be frowned upon in almost any workplace in America, much less one that has the power to bring criminal charges.
“If this case were in federal court, disqualification would be a no-brainer: Federal prosecutors are not permitted to participate in cases where someone with whom they have a close personal relationship has a substantial financial interest,” wrote the Atlanta attorney Andrew Fleishman on The hill. “In other words, they cannot hire a spouse or fiancé as a special prosecutor.”