Legal expert explains the one thing Fani Willis has to do to save her Trump investigation

Fulton County District Attorney Fani Willis' sprawling RICO investigation into former President Donald Trump and over a dozen of his associates is at risk of being scuttled due to a potential scandal within her office.

Reuters reported this week that special prosecutor Nathan Wade, who is assisting Willis in the investigation, paid for two flights for he and Willis in 2022 and 2023 according to bank records, which may hint at an inappropriate relationship between the two prosecutors. Those records were made public as part of divorce proceedings filed by Wade's estranged wife, Jocelyn, in the couple's divorce proceedings. The bank records further suggest that Willis may have hired Wade to work on the Trump case while the two were involved in a personal relationship.

Norman Eisen — who worked as Democrats' top impeachment counsel against Trump in 2019 — told reporters that while Willis is the right person to lead the case given that Fulton County voters duly elected her to the position, she has to dismiss Wade from her team in order to protect the integrity of the investigation.

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"There is an overwhelming amount of evidence justifying the decision to prosecute Mr. Trump and his co-conspirators," Eisen said. "The evidence is strong. The case is powerful. It’s very likely to lead to conviction. And we mustn't lose time on the calendar given the paramount public interest in bringing that strong case to a speedy conclusion."

Eisen noted that while there is no legal reason to dismiss Wade from the case, and that even if the two were involved in a relationship, it still wouldn't constitute a conflict of interest nor would it require disqualification. However, he said the controversy required "discretion" and that her acceptance of the airline tickets was "not wise."

Willis has countered that Jocelyn Wade's attempt to depose her as part of her divorce proceedings is a form of harassment meant to derail the Trump investigation. Fulton County Judge Scott McAfee has ordered Willis to respond to the allegations of impropriety, and set a February 2 deadline for her to file a response to the allegations. A hearing has been set for February 15.

Wade, who has a private practice in the Atlanta, Georgia area, has been paid more than $650,000 by Willis' office for his work on the Trump case.

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