Of Pings and Prosecutors: The Spectacular Imposition of the Willis-Wade Testimony

Below is my column in the New York Post on the expanding controversy surrounding the disqualification of Fani Willis and Nathan Wade. In today’s legislative hearing in Atlanta, counsel Ashleigh Merchant testified that cellphone records on one occasion show “pings” on Wade’s cellphone from his home to the vicinity of Willis’s home followed by a call to Willis and then hours of silence. The next morning, she claims, the data shows him going back to his home and texting Willis. It is only the latest example of how evidence against the two prosecutors is growing and possible explanations are dwindling in the case.  The greatest problem is how these allegations are beginning to mirror those against the defendants being prosecuted by Willis and Wade.

Here is the column:

When Fani Willis ran against her former boss Paul Howard in 2020, she highlighted the experience that she would bring to the position.

Howard was embroiled in a sexual harassment scandal involving his relationship with women in his office.

Willis offered both experience and ethical leadership, including pledging repeatedly that “I will certainly not be choosing to date people that work under me.”

Willis is now accused of the wrong type of relevant experience.

She and her lead prosecutor are not just accused of having an intimate relationship, but they are accused of some of the same underlying conduct that they are prosecuting in the election interference case against former President Donald Trump and other defendants.

That includes allegations of filing false statements with courts and even influencing witnesses.

This week, another witness came forward with an explosive new allegation against Willis.

In the prior hearings in Atlanta, Nathan Wade was confronted with what appears to be false statements made to the court in his divorce case, false statements that he repeated under oath in disqualification testimony.

For example, Wade was asked about his denial of “a sexual relationship during the time of his marriage and separation” up to and including May 30, 2023.

That would obviously include the sexual relationship with Willis in 2022 and possibly earlier. Wade, however, denied any such sexual relationship and said he confined the question to sexual relations meaning an affair “in the course of my marriage.”

Of course, his marriage was ongoing even during the divorce and the question asked about any relationship up to May 2023.

Wade and Willis have also been contradicted in their testimony by various witnesses who said they lied about their intimate relationship starting after he was hired in 2022.

That includes prior text messages in which Wade’s former partner and lawyer Terrence Bradley repeatedly told opposing counsel that he was “absolutely” sure that the relationship began much earlier.

A former close friend of Willis also said they were lying.

This is notable because Wade and Willis brought 19 individual counts of false statements, false filings, or perjury against the defendants in their case.

There are now substantial allegations that they may have committed the very same criminal conduct.

Now another prosecutor has come forward to say that Bradley also told her repeatedly and with complete clarity and certainty that Wade and Willis were involved long before his hiring.

Those conversations allegedly occurred as late as January 2024 with Cindi Lee Yeager, a co-chief deputy district attorney for Cobb County.

What is even more alarming is Yeager’s account that she overheard Willis tell Bradley on the telephone that “they are coming after us. You don’t need to talk to them about anything about us.”

If true, that call could raise questions of influencing potential witnesses.

Willis can legitimately point out that the calls were allegedly in September 2023, before Bradley was called as a witness and the current proceedings had started.

However, it would indicate that Willis was aware that Bradley would be asked questions about past payments and relationships with him and his partner Wade.

If that seems loose, you should take a look at the case Willis brought against these defendants. Many of us have been critical of the overarching racketeering conspiracy alleged by Willis among the 18 defendants.

The false statement charges often dismiss plausible alternative interpretations or the paucity of evidence of intent.

They are also prosecuting the attempt to influence witnesses.

The question is whether Willis or Wade had other communications indirectly or directly with Bradley.

His testimony was widely panned and he showed all of the spontaneity and comfort of a hostage video.

Willis is a powerful political figure in Atlanta and Bradley did everything short of faking his death to avoid assisting in her disqualification.

The odds are that Judge Scott McAfee is not inclined to hold additional hearings.

He is ready to rule.

It is hard to imagine these two prosecutors continuing with so many allegations hanging over the case.

They have placed their personal interests before their office and their case.

However, the standard for disqualification is murky.

For Willis, the case has become a modern political tragedy a la movie classic “All the King’s Men,” about a reformer who became everything that he once denounced in the corruption of powerful figures.

Willis ran against a district attorney accused of using his office to pursue sexual affairs and continues to claim that she “restored integrity” to her office through ethical leadership.

In her combative testimony, Willis attacked the media, opposing counsel and the public for questioning her actions.

She declared, “You’re confused. You think I’m on trial. These people are on trial for trying to steal an election in 2020. I’m not on trial, no matter how hard you put me on trial.”

The question is whether the courts, prosecutors or bar officials will show the same vigor in pursuing these allegations against Wade and Willis that they have shown against their own defendants.

If so, she could well find herself “on trial” as the allegations mount against her and her lead prosecutor.

Jonathan Turley is an attorney and professor at George Washington University Law School.

91 thoughts on “Of Pings and Prosecutors: The Spectacular Imposition of the Willis-Wade Testimony”

  1. Ultimately, nothing will happen to Fani Willis and Nathan Wade. They are protected by the Deep State. All Deep State operatives and drones pursuing an anti-Trump agenda are immune from any adverse action against them. However, all imaginary and meritless manufactured “crimes” and “liability” where Trump is the target must proceed full steam ahead. This is our sacred and holy two-tiered system of “justice” at work.

  2. Nathan Wade got paid-off for a lot more than sleeping with Fani Willis.
    Explore the Bogus Mail-In Ballots Distribution scheme – Someone in Fulton County Georgia needs to come forward.
    This thing really went wrong and people are gonna get nailed to the cross.

  3. Jonathan: Prudence dictates we wait and see what Judge McAffee has to say about whether Fani Willis is going to be disqualified. He says his decision will be out in a little over a week. Can’t we wait that long without offering a lot of speculation and arm chair lawyering?

    I’d rather discuss “Super Tuesday”. It’s over and DJT is the GOP nominee and Biden is the Dem choice. But on the campaign trail DJT is stiff confused. He still thinks he is running against President Obama. Then, speaking of speculation, some in the right-wing media think Michelle Obama will replace Biden. So Michelle had to issue a press release once again denying she is running in 2024.

    Now Fox News is consumed with Taylor Swift. Why? Because she told her 300 million followers to register and vote: “Today, March 5, is the Presidential Primary in Tennessee and 16 other states and territories. I wanted to remind you guys to vote the people who most represent YOU into power. If you haven’t already, make a plan to vote today”. Notice, Swift didn’t endorse any candidate. But that didn’t stop Fox News from going apoplectic.

    One Fox host bluntly told Swift “Let her stick to singing”. Another suggested Taylor is really a lesbian. On Fox Business there was this headline: “Taylor Swift could sway voters in 2024 election”. A Fox guest said “Biden has Swift effectively as his VP”. Fox also featured a statement by the conspiracy theorist-in-chief Vivek Ramaswamy just before the Super bowl: “I wonder who’s going to win the Super Bowl next month. And I wonder if there’s a major presidential endorsement coming from an artificially cultured propped-up couple this fall…”

    For Fox, its hosts and guests, Taylor Swift is a Trojan horse. It was a conspiracy between the NFL owners and Biden’s WH to allow the Chiefs to win –giving Swift a platform to eventually endorse Biden. Conspiracy theories are all over Fox. So what is Fox telling Swift? Stay home. Don’t encourage your followers to register and vote.

    At every campaign stop what is DJT telling his supporters? “Get out an vote”. That’s OK for a Presidential candidate but when Swift does the same thing it’s horror of horrors for Fox. Rupert Murdock probably fears that if Taylor Swift encourages her millions of young followers to register they might just vote for Biden. That should be discouraged at any cost so expect to see more attacks on the most popular pop star this year.

    1. He still thinks he is running against President Obama.

      Because Obama is in charge of the Executive Branch. You think the guy that cant find his way off a stage is the actual President?

      1. iowan2: There can only be one President at a time. Biden is the “actual” President. Obama can’t be the President because he already served two terms. DJT has convinced you that Obama controls the levers of power in the WH. You have been drinking too much of the DJT “cool aid”! Do you really think Obama sits next to Biden in the Oval Office and dictates policy? Really? Former Presidents invariably endorse their party’s nominee. Doesn’t mean a former President controls the incumbent. Jimmy Carter endorsed Biden in 2020 but no one has claimed he was secretly controlling the Biden agenda from Plains, GA!

        The problem for those of you in the DJT orbit is that for most Dem voters they still revere Obama. Except for the two-term limit they would like to see him as the next President–he’s younger and better looking than either Biden or DJT. That’s why DJT’s attacks on Obama may back fire and actually help Biden. Ever thought of that?

    2. Dennis McIntyre whined:
      I’d rather discuss “Super Tuesday”

      And I’d rather discuss why you and your fellow police state fascist Jack Smith are throwbacks to the Soviet Union who, if you had your way, would be putting a bullet into the back of Donald Trump’s head to ensure you win the next election.

      But being as this is Professor Turley’s op-ed column and not yours, instead of deflecting EVERY SINGLE DAY from the topic to your daily ‘BBBBUUUTTTT… MUH TRUMP!”… why don’t you start your own op-ed instead of continually hijacking Professor Turley’s with your police state fascism?

  4. The Georgia Rules of professional responsibility provide: “ A lawyer having knowledge that another lawyer has committed a violation of the Georgia Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, should inform the appropriate professional authority.”. Does this mean that Georgia attorneys are required to report Ms. Willis to the disciplinary authorities?

    1. Nearly ALL professional licensed entities have self policing systems. Unfortunately, it is always go along get along and let he who is without sin cast the first stone. That’s one f many reason that we are failing ,structure without function.

  5. “. . . the same underlying conduct that they are prosecuting in the election interference case . . .” (JT)

    In all such cases, the Left has a very simple equation:

    When a R does it (whatever “it” is, e.g., secure a bank loan), it’s a crime — because the Left says so.

    When a D does it (whatever “it” is), it’s not a crime — because the Left is “beyond good and evil.”

    So long as we all submit to that equation, democracy will be safe in America. For the intransigents, there’s always “deprogramming” or an indictment and perp walk.

  6. So with this much fraud and corruption revealed doesn’t it now open the door to every conviction that Willis oversaw? If she has perjured herself in her own court what is she not willing to do or say in any other case?

  7. I always thought that a trial was based on the prosecution presenting evidence of guilt, the defense refuting this evidence or presenting alternative scenarios, and the jury making a determination. Why does the private life of the prosecutor come into this?

    1. When the prosecutor gives her boyfriend state funds, which he then uses to buy her lavish vacations and she perjures herself and interferes with witnesses to cover it up, it throws into question her integrity and calls into question all of her actions. Prosecutors are supposed to have ethics.

    2. If you can’t connect what was wrong with what they did on so many levels both legally and morally then I am sure you are a Democrat and part of the problem.

    3. Because there are Rules of Professionalism and Ethics that draws lines as to where your personal life and public service can intersect. But, you know that and are simply pretending ignorance as if those Rules haven’t been explained to you several times before in connection with the Fulton County case.

  8. Another charge is greed. Not financial, although that seems probable, but greed professionally. Willis and Wade indicted a defendant not recommended by the special grand jury, and he hired Ashley Merchant to defend him, an attorney who is personally skilled at investigation, who has spearheaded this counter offensive. No indictment, no Merchant.

  9. AP calls the biden secret flights of 320,000 migrants false, then admits in it’s own spin job the real number is 327,000 , and links proof Trump did it ZERO times.

    “Biden has exercised parole authority far more than any of his predecessors, which Trump calls “an outrageous abuse” that he will end if returned to the White House. Biden has granted entry — by land or air — to at least 1 million people using parole, not just the 327,000 who flew from Cuba, Haiti, Nicaragua or Venezuela though December. ”

    So they “fact check, declare biden innocent, then if YOU READ THROUGH THE ARTICLE YOU FIND THE OPPOSITE IS TRUE AND BIDEN IS GUILTY OF A MILLION WITH 327,000 FLOWN IN.

    https://apnews.com/article/fact-check-misinformation-immigrants-parole-biden-trump-musk-dbd634820b3f8d07b859b8a05b2b20a7

    Linked is part of their fake excuses and spinning lies for Biden – which states Trump did not do it, not even once.

    1. AP’s point is that Trump’s claims that Biden is secretly flying in random people who could be anyone are false; there is nothing secret about this program, the people who are being admitted under it have all properly applied and been vetted, and have financial sponsors, and they’re flying themselves at their own expense. They’re being given temporary visas, with no path to citizenship (unless some future congress gives them one), so they will never be able to vote legally.

      (The Dems have no need to import people to vote illegally! Having a person here who is not able to register to vote under his own name doesn’t help them. What they need is people who are eligible to vote but don’t, so they can register them and vote in their names. The only way massive immigration helps them is in the very long term; they expect their US-born children to vote Dem 20 years from now, and they also hope one day to get control of congress and legalize the parents and then get them citizenship and the vote, in the expectation that they too will vote Dem. None of that works in the short term.)

  10. Everyone knows they are lying and were humping away in 2019, and that fani didn’t pay wade back she took the half dozen of more opulent vacations kickback and they both lied about it to the court and the public and have made their threats to witnesses and have been covering up their other crimes like misuse of funding, reported to fani, who ignored it and fired the whistleblower.

    It’s corrupt from top to bottom. Removed, the case tossed out, both their law licenses revoked, and no more government or public positions for life, and prosecutions for the perjury and misuse of funds with as many stacked charges as can possibly be concocted in the now standard operating procedure of all these public DA’s who put the screws to their political opponents and anyone else they feel like doing it to, while excusing their bestees up to their eyeballs. MANY YEARS of incarceration, in many far away prison systems as they do to everyone else, carting them about the nation to increase the punishment as much as possible, taking them away from support, etc.

  11. I got nothin’ left. I’m basically just reiterating the same comment every time at this point. Our modern left have got to go. It is telling that in the years of going after Trump and largely coming up empty they have exposed themselves to be among the worst charlatans the world has ever seen. I am not at all surprised, and I hope she has to face the music.

  12. And in other news, Joni Ernst, R-Iowa, tried to put a proposed law to a vote that would require illegal aliens who commit violent crimes to be detained by ICE. Just a detainer. Not automatic deportation. Addresses the flight risk if nothing else. Seems like the most basic immigration standard would be don’t commit violent crimes.

    Majority Whip Dick Durbin, D-Ill, thwarted it.

    The Democrat Party is now the party of criminals. The party in support of shoplifting, defund police, bigotry against all cops, illegal immigration resulting in 10 million illegals in less than 4 years, stores closing from all the stealing, judging people on immutable characteristics like skin color, riots, looting, arson.

    You get what you vote for.

    1. Karen, Well said! It is thought they are in a trance and any modicum of common sense was tossed out the window. “Let’s open our borders, hand control over the gangs and cartels and thwart any effort to protect United States citizens.” I firmly believe this is a spiritual battle.”

      “And since they did not see fit to acknowledge God, God gave them up to a debased mind to do what ought not to be done.” Romans 1:28 The whole chapter describes our current times accurately.

    2. Karen S.
      Well said.
      I am watching for the Democrats to try to introduce a bill to allow all those illegals the let in to be able to vote. Or some means to by pass the normal immigration process entirely.

    3. Easiest solution is send them directly to Durban’s house immediately after crossing the border illegally. Let them live with his family, on his dime.

    4. Apparently, NYC voted for armed national guard members patrolling the subways. I bet they are surprised to find they voted for such a thing considering how rabidly anti-gun the citizens of NYC are. If you bring in a third-world population don’t be surprised if you end up with a third-world country.

      1. What you wrote is not true. Nobody voted for it. And the guardsmen will only have handguns, just like policemen.

  13. Mr Turley,
    Why doesn’t the defense supoena the text messages from around when they are bing told the affair started? Wouldn’t that show the truth? Is there some reason this is not allowed? If it showed what Wade and Willis contend I’d guess they would be bringing it in themselves. The fact that they aren’t speaks volumes.

    1. Merchant said in today’s Senate hearing that she didn’t have subpoena power over the content of the text messages, only the raw tower data.

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