Nathan Wade Resigns From Trump Prosecution in Georgia

Neither Wade's letter of resignation, nor District Attorney Fani Willis' letter accepting his resignation, grapple with what a complete unforced error their relationship was.

On Friday afternoon, Georgia attorney Nathan Wade resigned from the Fulton County district attorney's prosecution of former President Donald Trump for attempts to change the 2020 election results. Wade was the lead attorney on the case, but his relationship with District Attorney Fani Willis drew unwanted attention to the prosecution.

The allegations first became public in January, when one of Trump's co-defendants filed a motion in the case alleging that Willis and Wade had been romantically involved. The motion claimed a conflict of interest and asked that Willis and her office both be disqualified.

Wade was hired in November 2021, and over the next two-plus years he was paid over $720,000 by the Fulton County District Attorney's Office—considerably more than either of the other attorneys hired for the case. Wade received this lucrative offer despite having no apparent experience in felony jury trials, much less one as complex as prosecuting a former president with racketeering.

In trying to get Willis disqualified, defendants claimed that Wade took her on lavish vacations and gave her expensive gifts during their relationship, giving Willis an incentive to keep the investigation going—and keep Wade employed—so she could continue to benefit from his paychecks. Wade and Willis claimed under oath that they split the cost of their trips, with Willis often paying him back in cash.

In a ruling issued Friday morning, Fulton County Superior Court Judge Scott McAfee split the difference. While he found that "Defendants failed to meet their burden of proving that theDistrict Attorney acquired an actual conflict of interest in this case," he also determined that "the prosecution of this case cannot proceed until the State selects one of two options. The District Attorney may choose to step aside, along with the whole of her office," or else "Wade can withdraw."

On Friday afternoon, Wade opted for the latter, tendering his resignation in a one-page memo addressed to Willis.

"The furtherance of the rule of law and democracy is and has always been the North Star of our combined efforts in the prosecution of those who are alleged to have attempted to overthrow the results of Georgia's 2020 presidential election," Wade wrote. "I am offering my resignation in the interest of democracy, in dedication to the American public, and to move this case forward as quickly as possible. I am proud of the work our team has accomplished in investigating, indicting, and litigating this case."

Willis soon replied with a brief of her own, accepting Wade's resignation and speaking of his tenure in glowing terms.

"I compliment you for the professionalism and dignity you have shown over the last 865 days, as you have endured threats against you and your family, as well as unjustified attacks in the media and in court on your reputation as a lawyer," Willis wrote. She calls him "an outstanding advocate" and expresses her "sincere gratitude on behalf of the citizens of Fulton County Georgia for your patriotism, courage, and dedication to justice."

Not present in either Willis' or Wade's memos was any realization of the inappropriate nature of their relationship and how it may well have tainted their case, which had been considered the strongest of any of the prosecutions against Trump. Instead, Willis engaged in an inappropriate relationship with a subordinate that would be frowned upon in nearly any workplace in America, much less one that has the power to wield criminal charges.

"If this case were in federal court, disqualification would be a no brainer—federal prosecutors are not allowed to participate in cases where someone with whom they have a close personal relationship has a substantial financial interest," Atlanta attorney Andrew Fleishman wrote at The Hill. "In other words, they can't hire a spouse or boyfriend to be a special prosecutor."