Cobb County Superior Court Judge Henry Thompson ignored on Monday District Attorney Fani Willis’ argument that testifying in her alleged lover’s divorce proceedings would obstruct the case against former President Donald Trump.
Thompson ruled that the case should be unsealed, but deferred on deciding whether Willis will be required to testify, temporarily blocking the deposition scheduled for Tuesday but leaving the possibility open for a later date. During the Monday hearing, Thompson stopped attorneys from discussing Willis’ claim that requiring her to testify would interfere with “an ongoing criminal prosecution,” which she raised in her bid to quash the subpoena issued by the attorney for Nathan Wade’s wife, Joycelyn Wade.
Trump co-defendant Michael Roman previously accused Willis in a motion of awarding her alleged lover, Wade, a “lucrative” contract to work on the case against Trump, claiming she benefited from this when he took her on trips and cruises using the money he earned from his position.
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Bank statements contained in a filing Friday revealed that Wade purchased tickets to San Francisco and Miami in Willis’ name. He also made two $1,387 and $1,284 payments for the Royal Caribbean cruise on the same day he bought the plane tickets to Miami.
“She’s not seeking protection,” Andrea Hastings, the attorney for Joycelyn Wade, said during the Tuesday hearing. “She’s seeking prohibition of our ability to access facts.”
“She’s trying to hide under the shield of her position,” Hastings continued. “Whatever her job is has nothing to do with whether or not she should have to sit for this deposition.”
The judge prevented Hastings from going further when she started to bring up Willis’ claim that pursuing the subpoena would be “obstructing justice.”
“That’s why I told Mr. Axam [Willis’ attorney] to stay away from that,” the judge said. “I don’t really want to hear that today.”
Thompson found that he could not yet determine whether Willis has “unique personal knowledge” that would require her to testify.
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“Only after I hear what Mr. Wade has to say do I think I can make a determination,” he said, noting there is a hearing set in nine days where testimony can be presented.
Thompson did, however, grant a motion to unseal filings in the case. The case, filed the day after Wade’s contract with the District Attorney’s office began, has been sealed since February 2022.
“I find that the prior order, though it was by consent of parties, was not properly entered,” Thompson said, noting no hearing was held on the matter.
A number of media outlets previously motioned to unseal the docket, according to the Atlanta Journal-Constitution.
Wade had been paid nearly $654,000 from the Fulton County District Attorney’s office since 2022, per county data.
Willis falsely stated in comments last week at Big Bethel AME Church — in which she did not deny the allegations — that she paid all three special prosecutors the same hourly rate.
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Willis awarded a higher-paying contract to her alleged lover, paying Wade at a rate of $250 an hour while paying John Floyd, the attorney known as the state’s top racketeering expert, just $200 an hour as of May 2023, according to billing statements and contracts obtained by the Daily Caller News Foundation.
The motion to disqualify Willis, filed by Roman, will be considered by Judge Scott McAffee at a Feb. 15 hearing.
The District Attorney’s office did not immediately respond to a request for comment.
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