Fani Willis will not have to testify in special prosecutor's divorce case

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The day before a scheduled hearing in Fulton County special prosecutor Nathan Wade's divorce case, a judge indicated that Wade and his estranged wife, Jocelyn Wade, have come to a temporary agreement, canceling Wednesday's scheduled divorce proceedings — and the potential for testimony regarding Wade's alleged relationship with Fulton County District Attorney Fani Willis.

Nathan Wade is one of the attorneys leading the prosecution of former President Donald Trump and his co-defendants under RICO charges for election interference in Georgia's 2020 presidential election. Willis hired Wade to work on the case.

The divorce was thrust into the national spotlight after attorneys for Trump co-defendant Michael Roman alleged in a filing in the Georgia election interference case that Nathan Wade was involved in a romantic relationship with Willis. The filing cited no proof, but said documents in the divorce corroborated these allegations. Roman is trying to get the charges against him dismissed "on the grounds that the entire prosecution is invalid and unconstitutional," claiming that both Willis and Wade improperly benefited financially from the arrangement.

Last week, lawyers for Trump and co-defendant Bob Cheeley joined Roman's effort to disqualify Willis from Georgia's election interference case, also claiming a conflict of interest created by Willis' hiring of her alleged romantic partner as a prosecutor for the case.

This past Friday, Jocelyn Wade filed an exhibit in the couple's divorce proceedings purportedly showing the spending history of a credit card used by her husband. The document indicates Nathan Wade booked tickets for himself and Willis on flights to and from San Francisco and Miami.

Judge Henry R. Thompson released an order on Tuesday stating that the parties had reached an "agreement as to all issues presently before the Court" and that the agreement is "just and proper in these circumstances."

The terms of the temporary agreement will remain out of the public eye, since the document says the Wades agreed that it would not be filed with the court.

"While this negates the immediate need for a hearing, it does not settle the case," Andrea Hastings, an attorney for Jocelyn Wade, said in a statement Tuesday night. "It merely means that the issues of Temporary Alimony and Attorney's Fees, which were set to be heard by the Court on January 31st, have been resolved. Now that our client has the financial resources to support herself while this case is pending, we are focused on the hard work of moving the case toward resolution, whether that is through settlement or trial."

Nathan Wade and his attorney, Scott Kimbrough, declined to comment.

Attorneys for Jocelyn Wade had subpoenaed Willis to be deposed in the divorce proceedings, which Willis fought. Judge Thompson had said he would wait to rule on whether Willis should testify until after Nathan Wade was deposed, which Wade may not have to do because of the temporary agreement.

Although Willis is now no longer required to testify in the Wades' divorce proceedings, the judge in the Trump election interference case is still waiting for her response to the filings by Trump, Cheeley and Roman. The Fulton County district attorney's office has not commented on the allegations, saying it would respond in court filings. Judge Scott McAfee gave Willis' office a deadline of Friday, Feb. 2, to do so.

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