Fani Willis Handed Temporary Legal Win

Fulton County District Attorney Fani Willis was handed a temporary win in the divorce case of the special prosecutor with whom she's been accused of having an "improper" relationship.

A Cobb County Superior Court judge issued a stay Monday on Willis' deposition in the divorce case of Nathan Wade, saying that while he was "not prepared to grant protective order," Willis would not have to sit for a deposition at this point.

Noting that Wade himself had not yet been deposed in the case, Judge Henry Thompson said the special prosecutor would be the "best source of information" in the divorce case and that he would hold off on deciding whether Willis needs to testify in the case until after Wade sits down for his deposition. Willis was scheduled to appear for her deposition Tuesday.

Willis has come under fierce criticism from former President Donald Trump and his allies over the allegations made by former Trump campaign staffer Michael Roman earlier this month. Roman, who is one of the 18 co-defendants in the RICO case, claimed Willis and Wade had an inappropriate romantic relationship that warranted the removal of both prosecutors from the case. The court filings did not provide direct evidence of the alleged relationship but cited "sources with knowledge" for its claims.

On the same day that Roman's attorneys filed the motion involving the accusations about Willis and Wade's "improper, clandestine personal relationship," Wade's wife, Jocelyn, served Willis with a subpoena in the couple's divorce proceedings.

Willis' attorneys have tried to squash the subpoena, arguing that it was "an attempt to harass and damage" the district attorney's reputation and accusing Jocelyn of "conspiring with interested parties" to interfere with the case accusing Trump and his co-defendants of trying to overturn the results of Georgia's 2020 election.

On Monday, her attorney told Thompson that Willis should not have to testify since she "does not share any accounts with [Nathan Wade] and does not determine what he spends his money on."

Jocelyn's attorneys argued that their client believed her husband was spending money on another woman and that Willis "knows the cause of the separation" between the couple. Bank statements filed by Jocelyn's lawyers in the divorce case show Wade had purchased airline tickets for himself and Willis on at least two occasions.

Willis has defended her decision to hire Wade as the special prosecutor in the case. Calling Wade a "superstar, a great friend and a great lawyer" during a church service honoring Martin Luther King Jr. on January 14, Willis asked why the qualifications of the other two special prosecutors, who are white, weren't being questioned.

Although he granted a temporary stay in Willis' deposition, Thompson also granted a request from Roman's attorneys on Monday, allowing for the Wades' divorce documents to be unsealed. Jocelyn's attorney said she did not oppose the motion, while Nathan's lawyers said it would be "proper" for the case to remain under seal.

Update 01/22/24 1:16 p.m. ET: This story was updated with additional information.