Special prosecutor Nathan Wade was a central player in the Georgia prosecution against former President Donald Trump and paid handsomely compared to Fulton County District Attorney Fani Willis’ assistant DAs, a lawyer testified Wednesday to a state Senate committee scrutinizing the election subversion charges against the front-runner for the Republican presidential nomination.
Testimony from Ashleigh Merchant, counsel for Trump co-defendant Michael Roman, formally kicked off an aggressive effort by Georgia Republicans to dig into Ms. Willis and Mr. Wade, a taxpayer-funded investigator, while an Atlanta judge mulls whether their romantic relationship created a financial conflict that taints the racketeering case.
Prodded by the committee, Ms. Merchant emphasized Mr. Wade’s role in presenting evidence to the special grand jury that examined the evidence against Mr. Trump and his allies before issuing a report to Ms. Willis.
“He was, by far, the lead of it,” Ms. Merchant testified.
Republican lawmakers also scrutinized the practice of hiring special prosecutors to work on cases.
“Why wouldn’t you just hire more assistant DAs and have them in-house?” asked committee Chairman Bill Cowsert of Athens.
Ms. Merchant said hiring Mr. Wade as an assistant district attorney would have violated nepotism rules. Under the current arrangement, Mr. Wade has been paid more than a typical assistant DA and could maintain his private practice.
“That’s a big issue,” Ms. Merchant said.
Ms. Merchant said assistant DAs make about $175,000 per year, while published reports say Mr. Wade has been paid at least $650,000 for his work on the case.
The Senate Special Committee on Investigations consists of six Republicans and three Democrats. It was formed to scrutinize Ms. Willis after she secured an indictment against Mr. Trump, indicating Republicans in the state Legislature plan to make things difficult for Ms. Willis even if Superior Court Judge Scott McAfee decides not to disqualify her from the case.
The judge is expected to rule on disqualification by mid-March.
The special Senate committee has the power to subpoena witnesses and get testimony under oath. It says there are whistleblowers in the DA’s office willing to come forward.
Beyond prying loose damaging information about the Trump case, the committee could hamper Ms. Willis politically while she seeks reelection this year.
Ms. Willis began investigating Mr. Trump three years ago, based on his efforts to pressure Georgia Secretary of State Brad Raffensperger to dig up enough votes to overturn President Biden’s 2020 electoral victory that the former president says was rigged. A grand jury last year indicted Mr. Trump and his associates.
However, Mr. Roman filed a bombshell motion saying Ms. Willis had a romantic relationship with Mr. Wade, whom she hired to serve on the investigation in November 2021.
Defense lawyers said the pair enjoyed lavish trips and meals while Mr. Wade accepted taxpayer money, giving them a financial conflict to pursue the prosecution and warranting their disqualification.
The issue turned into a mini-trial of Ms. Willis. It forced the couple, who said they split in mid-2023, to disclose intimate details of their relationship in a multi-day evidentiary hearing.
The state Senate hearing primarily focused on the processes the DA used to investigate Mr. Trump and hire Mr. Wade.
Ms. Merchant testified that Mr. Wade typically billed for the maximum amount allowed under his contract and that his bills included vague items such as “team meetings.” She also said there is shoddy oversight of how public money is used when DAs seek extra prosecutors.
She pointed to Terrence Bradley, a former law partner of Mr. Wade, as the key figure in helping her determine the contours of Mr. Wade’s relationship with Ms. Willis before she filed her disqualification motion in January.
Ms. Merchant said texts with Mr. Bradley formed her belief the prosecutorial pair started dating well before Mr. Wade’s hiring.
She used cell phone tower-tracking tools to assert that Mr. Wade exchanged texts and calls with Ms. Willis and traveled to her residence during evening hours in early 2021.
Ms. Willis and Mr. Wade have defended their relationship and say there are no grounds in Georgia law for disqualifying them from the case. Ms. Willis testified she reimbursed Mr. Wade in cash for her portion of trips and meals, so no financial conflict exists.
State Sen. Harold Jones, a Democrat, said Mr. Wade was not guilty of typical conflicts, such as trying to speak to defendants or a personal stake in a conviction.
He underscored the fact a grand jury voted on the indictment, so it would be false to suggest prosecutors solely decided to broaden and prolong the case to increase billing.
He said the dollar amounts for the trips that Ms. Willis and Mr. Wade took were not that outlandish or lavish, in his estimation. “How is your client harmed?” Mr. Jones said.
Ms. Willis and Mr. Wade are Black, and the DA gave a speech at an Atlanta church in which she said race might be playing a role in the scrutiny of their relationship because the defense did not object to White special prosecutors on the case.
Ms. Merchant told the Senate committee she objected to the speech because Ms. Willis did not disclose her relationship with Mr. Wade to congregants, and other special prosecutors were not paid as much as Mr. Wade.
The pair testified their relationship started in 2022 and ended in mid-2023, though defense witnesses say their relationship began before Mr. Wade’s hiring.
Mr. Trump is on a clear path to the GOP nomination and says the Georgia case is part of an orchestrated plot to thwart his campaign.
The former president faces 13 counts, including a violation of Georgia racketeering laws; solicitation of a violation of an oath by a public officer; and several counts related to alleged conspiracies to commit forgery, make false statements and writings or make false filings.
His co-defendants face an assortment of charges — 41 counts in all — that at times overlap with those against Mr. Trump.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
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