One of the co-defendants alongside Trump in Georgia has requested the disqualification of D.A. Fani Willis, citing an 'improper relationship' with the special prosecutor in the case

The defense team for Michael Roman, accused alongside Donald Trump in the case of alleged 2020 electoral interference, has sent a brief to the Court regarding district attorney Fani Willis, her team and special prosecutor Nathan Wade to be disqualified from continuing with the process. According to the attorneys, Willis and Wade "have been engaged in an improper, clandestine personal relationship during the pendency of this case, which has resulted in the special prosecutor, and, in turn, the district attorney, profiting significantly from this prosecution at the expense of the taxpayers."

"Lavish vacations" together paid for with money from the case, according to the defense

Ashleigh Merchant, Roman's attorney, assured that the motion, to which The Atlanta Journal-Constitution has had access, "this motion is not filed lightly. Nor is it being filed without considerable forethought, research or investigation." According to Merchant, the special prosecutor "paid for lavish vacations he took with Willis using the Fulton County funds his law firm received. County records show that Wade, who has played a prominent role in the election interference case, has been paid nearly $654,000 in legal fees since January 2022. The DA authorizes his compensation."

Additionally, the brief alleges that the two began their relationship prior to the appointment of Wade, a private attorney, as special prosecutor in this case. According to the resource, both traveled together to Napa Valley and Florida, "and even they cruised the Caribbean together using tickets Wade purchased from Norwegian and Royal Caribbean cruise lines" However, the defense did not include documentary evidence of the purchase of those tickets.

"Honest Services Fraud"

The motion notes that the payment of vacation time to Prosecutor Willis with money received by Fulton County "could amount to honest services fraud," a federal crime in which a supplier bribes his or her employer. According to the lawyer, these events could even be prosecuted under the racketeering statute. Merchant stressed that the facts he denounces "strike at the heart of fairness in our justice system and, if left unaddressed and unchecked, threaten to taint the entire prosecution of this case, invite error and completely undermine public confidence in any outcome in this proceeding."

The motion also questions Wade's appointment. First of all, because "he has never prosecuted a felony case." Furthermore, his appointment was never approved by the Fulton board of commissioners as required by law. Finally, Merchant points out that the special prosecutor started his position just one day before signing his divorce filings. Willis is also divorced.

All of this, "in the larger context of the various issues surrounding his appointment, Willis’ lack of authority to appoint him and the conflict of interest issues addressed below, the fact that Wade did not file his oath before beginning work takes on a new and more significant meaning and, indeed, constitutes a structural defect in the indictment," Merchant noted.

Willis will respond in court

For her part, the district attorney's spokeswoman, Pallavi Bailey, said the DA's Office will respond to Roman's allegations "through appropriate court filings." Wade did not want to make any statements, despite being requested by the media.