Today, Fulton County District Attorney Fani Willis provided a response to allegations made by Mike Roman and Donald Trump, defendants in the Georgia election interference case. The 176 page filing provides evidence and information that disprove the key allegations, show they have no bearing on the facts of the case, prove there is no legal basis for the disqualification of DA Willis or her office, and demonstrate that the defendants’ allegations are a misrepresentation designed to seek publicity.
- There is No Legal Basis for the Disqualification of DA Willis or Her Office:
The allegations fail to demonstrate that there are any grounds for the disqualification of DA Willis or her office. Under Georgia law, accepted grounds for the disqualification include a conflict of interest or “forensic misconduct,” neither of which is demonstrated by the defendants.
On Misconduct: “Defendants advance no argument that forensic misconduct has occurred here, nor have they offered any evidence that would support such a claim. Defendants do not point to any action taken by the District Attorney or any of her staff that has been outside the character of an officer of the law specially charged to oversee either the special purpose grand jury’s investigation or the prosecution of these Defendants.” (Pages 2-3)
On Conflict of Interest: “Under the clear definitions supplied by the law, neither District Attorney Willis nor Special Prosecutor Wade have any “personal or financial interest” in the conviction of these Defendants, and as such, Defendants fail to support their claim.” (Page 4)
Because there is no evidence to show that actions taken by DA Willis and her office have negatively impacted any of the defendants, there is no legal basis for the disqualification of DA Willis or her office.
“The affidavit also clarifies that, although District Attorney Willis and Special Prosecutor Wade have been professional associates and friends since 2019, there was no personal relationship between them in November 2021 at the time of Special Prosecutor Wade’s appointment, and Defendants offer no support for their insistence that the exercise of any prosecutorial discretion (i.e., any charging decision or plea recommendation) in this case was impacted by any personal relationship. Without those additional factors, the existence of a relationship between members of a prosecution team, in and of itself, is simply not a status that entitles a criminal defendant any remedy.” (Page 7)
- DA Willis Saw No Financial Benefit from Wade’s Hiring:
The defendant’s allegations of DA Willis seeing a financial benefit from Wade’s hiring as a special prosecutor are provided without support to justify the conclusion. The allegations largely rest on Wade’s purchasing of plane tickets for himself and DA Willis, but exhibits included in DA Willis’ filing show these were shared costs between the two, paid with personal, individual funds.
“To be absolutely clear, the personal relationship between Special Prosecutor Wade and District Attorney Willis has never involved direct or indirect financial benefit to District Attorney Willis.” (Page 15)
“Defendants have produced no evidence to suggest that there is any circumstance that would constitute a financial incentive on the District Attorney’s part to pursue a conviction in this case through the appointment of Special Prosecutor Wade:
- There are no joint or shared finances or financial accounts;
- There is not now and has never been any shared household;
- There is no financial dependency or merging of daily expenses;
- Financial responsibility for personal travel taken is divided roughly evenly between the two, with neither being primarily responsible for expenses of the other, and all expenses paid for with individual personal funds. Ex. A (Wade Affidavit); and
- Both are professionals with substantial income; neither is financially reliant on the other.
“The facts here are readily distinguishable from contingency fee arrangements or other scenarios where a true financial conflict of interest may play a role in prosecutorial decision making and that requires disqualification.” (Pages 15-16)
“29. No funds paid to me in compensation for my role as Special Prosecutor have been shared with or provided to District Attorney Willis.” (Page 34, Wade Affidavit)
“30. The District Attorney received no funds or personal financial gain from my position as Special Prosecutor.” (Page 34, Wade Affidavit)
“31. I have never cohabitated with District Attorney Willis.” (Page 34, Wade Affidavit)
“32. I have never shared household expenses with District Attorney Willis.” (Page 34, Wade Affidavit)
“33. I have never shared a joint financial account of any kind with District Attorney Willis.” (Page 34, Wade Affidavit)
- DA Willis and Wade’s Personal Relationship Began After Wade Was Hired:
A personal relationship among prosecutors is not disqualifying or a conflict of interest in itself and does not harm a criminal defendant. Georgia courts maintain that personal relationships among attorneys, even those on opposing sides, do not constitute conflicts of interest. The facts of the timing around the beginning of DA Willis and Wade’s personal relationship also refutes any suggestion that Wade was hired for any reason other than his credentials, experience, and expertise.
“The affidavit also clarifies that, although District Attorney Willis and Special Prosecutor Wade have been professional associates and friends since 2019, there was no personal relationship between them in November 2021 at the time of Special Prosecutor Wade’s appointment, and Defendants offer no support for their insistence that the exercise of any prosecutorial discretion (i.e., any charging decision or plea recommendation) in this case was impacted by any personal relationship. Without those additional factors, the existence of a relationship between members of a prosecution team, in and of itself, is simply not a status that entitles a criminal defendant any remedy.” (Page 7)
“26. While professional associates and friends since 2019, there was no personal relationship between District Attorney Willis and me prior to or at the time of my appointment as special prosecutor in 2021.” (Page 34, Wade Affidavit)
“27. In 2022, District Attorney Willis and I developed a personal relationship in addition to our professional association and friendship.” (Page 34, Wade Affidavit)
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