DA Fani Willis’ “Improper” Response to Subpoena Scrutinized By Legal Analyst

Legal analyst Elie Honig cautioned on Friday that Fani Willis, the District Attorney of Fulton County, Georgia, had responded to a divorce subpoena in a “very improper” manner and criticized her for using the Trump criminal case as a shield to protect her role in the matter.

Alleged Affair and Investigation

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Honig’s comments come amidst swirling allegations of Willis engaged in an affair with a special prosecutor in her office, whom she appointed to investigate Donald Trump’s alleged interference in the Georgia election.

Trump’s Legal Battle

Former US President Donald Trump sits in New York State Supreme Court during the civil fraud trial against the Trump Organization, in New York City on January 11, 2024. Trump's legal team will deliver closing arguments January 11 in the fraud case after the judge barred the former president from using the trial finale as an election campaign grandstand. (Photo by Peter Foley / POOL / AFP)
Image by Peter Foley / POOL / AFP

In August, a Georgia grand jury brought forward indictments against Former President Donald Trump and 14 co-defendants, accusing them of criminal racketeering and efforts to overturn the 2020 election results in Georgia. 

Allegations Vigorously Denied

Former US President and Republican presidential hopeful Donald Trump speaks at a watch party during the 2024 Iowa Republican presidential caucuses in Des Moines, Iowa, on January 15, 2024. Trump told Americans Monday "it is time for our country to come together" after he won the Iowa caucuses, cementing his status as the likely Republican challenger to take on President Joe Biden in November's election. (Photo by Jim WATSON / AFP)
Image by Jim WATSON / AFP

Trump, a leading figure in the 2024 Republican presidential primary, along with the co-defendants, has pleaded not guilty, vigorously denying these allegations.

Willis’ Legal Battles 

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Parallel to this high-profile case, Willis faces her own legal challenges. Allegations of an alleged affair with Nathan Wade have raised questions about potential conflicts of interest in her professional duties. 

The Accusation’s Origin

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The allegations initially surfaced when former Trump staffer Michael Roman, facing seven charges in Georgia, filed a lawsuit, claiming that Willis had “engaged in a personal, romantic relationship” with Wade. 

Accusations of Personal Gain

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The lawsuit also claimed that she had personally benefited from the alleged affair, implying that she had acted “to defraud the public of honest services.”

Payment Details

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According to Roman’s motion filed by his lawyer, Ashleigh Merchant, Wade has been paid more than $650,000 since hiring.

Disqualification Efforts

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Roman is attempting to have Willis and Wade disqualified from the trial. 

Bank Records Reveal Trips

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Adding to Willis’ woes, bank statements submitted as evidence in the divorce proceedings of Nathan Wade and his wife Joycelyn Wade suggest that he paid the expenses for two trips to Miami and San Francisco that included Willis. 

No Comments

Warning, whisper, stop, secret
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Willis, since Friday, has refrained from making any comments since the release of the divorce documents.

Racial Bias Allegation

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However, last week, the district attorney who hired three prosecutors for the case against Trump denied the accusations and attributed them to racial bias, explicitly singling out Nathan, who is Black.

“Black Man as Qualified”

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District Attorney, in last Sunday’s speech at Atlanta church, said, “All three of these special counselors are superstars. But I’m just asking god, is it that some will never see a Black man as qualified no matter his achievements? What more can one achieve? The other two have never been judges. But no one questions their credentials.”

Upcoming Subpoena 

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Willis now faces a subpoena in Wade’s ongoing divorce proceedings.

Legal Maneuvers to Avoid Testimony

reporter, speaking
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Willis’ attorney, Cinque Axam, filed a motion on Thursday seeking to prevent her testimony in the Wade divorce case, arguing that it constituted a misuse of civil discovery aimed at harassing Willis.

“Irretrievably Broken”

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The filing, in part, stated, “Because the parties agree their marriage is irretrievably broken, there is no information that Willis could provide that would be relevant.” 

Accusations of Interference

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Willis’s attorney accused Jocelyn Wade of attempting to interfere with the district attorney’s case regarding election interference involving former President Donald Trump and other defendants.

Honig’s Sharp Critique

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In an interview with CNN on Friday, Honig discussed the potential conflict of interest involving Willis and criticized her response to the subpoena.

 A Simple Witness Request

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He emphasized that a subpoena is merely a request for witness testimony and should not be conflated with an accusation. 

Using Trump Case as a Shield

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Honig chastised Willis for attempting to use the Trump criminal case as a shield against her involvement in the divorce case.

DA’s Defensive Strategy 

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Honig said, “The way the DA responded to that is she took the criminal case against Donald Trump and injected that into the divorce case, trying to use it as a shield from her having to testify. She clearly has relevant information.”

“Very Improper”

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He added, “And I think it’s is very improper for her to say, well, you’re trying to interfere with this criminal case. That’s the DA who is using the criminal case as a shield, and I think she’s wrong there.”

Impact on Trump’s Charges

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Regarding Trump’s case, Honig believes that the allegations against Willis will not suffice to dismiss the charges against the former president.

Potential Disqualification

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However, he acknowledged that a proven conflict of interest could lead to Willis’ disqualification from the case, possibly transferring it to another DA’s office.

Address the Relationship

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Meanwhile, the relationship between Willis and Wade is now a matter that the district attorney must address, as stated in a legal filing by Georgia Superior Court Judge Scott McAfee earlier this week. 

Written Response to Allegations

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Willis is required to provide a written response by February 2 to allegations that she “engaged in a personal, romantic relationship” with Wade, and an evidentiary hearing on this matter is scheduled for February 15.

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