MARIETTA, Ga. (CN) — A Georgia state judge on Monday unsealed a pending divorce case involving the special prosecutor handling the election interference case against former President Donald Trump and others.
During a hearing held Monday, Cobb County Superior Court Judge Henry Thompson agreed to unseal the records, stating that a formal motion or hearing should have been held before the consent order was issued in February 2022.
The decision comes after a coalition of 15 media outlets and an attorney for one of the defendants in the Trump election interference case filed motions seeking to access the divorce proceedings, arguing they are of important public interest.
"The possible existence of a romantic relationship between special prosecutor Wade and D.A. Willis is now a matter of significant and legitimate public concern. The public interest in any court records in this action bearing in any way on a relationship between special prosecutor Wade and D.A. Willis overrides any privacy interests of the parties," attorney Thomas Clyde wrote for the media intervenor's motion to unseal. "The Georgia Supreme Court has expressly recognized that Georgia’s sweeping presumption of access to court records applies with full force even in cases involving familial matters."
Thompson also placed a temporary stay on a subpoena from the estranged wife of special prosecutor Nathan Wade, who sought deposition from Fulton County District Attorney Fani Willis. The judge said that he must first hear testimony from Wade before he can determine if Willis lacks or possesses any unique information to the divorce case. An evidentiary hearing is set for Jan. 31.
"We have a math problem," Thompson said, noting that its his role to determine how to properly divide the marital assets, alimony and attorney fees between the two parties. He added that "Mr. Wade will be the first and best source of his income and how he is spending it," as well as first hand knowledge of having any extramartial affair.
Attorneys for Jocelyn Wade claim there is evidence suggesting Wade had an extramarital affair with Willis, who has spearheaded the criminal investigation against Trump and several of his allies.
"We’re not seeking her deposition as the Fulton County district attorney, but in her individual capacity as the alleged paramore of my client's spouse," attorney Andrea Dyer Hastings told the judge Monday.
Hastings argued evidence involving the supposed adultery by her client's spouse is necessary for determining the division of their marital assets. In a filing made Friday, Hastings included detailed credit card statements from Nathan Wade's Capital One account that showed purchases for airline tickets for himself and Willis to Miami, Aruba and San Francisco.
The records do not indicate whether Wade and Willis stayed in the same room or whether Willis reimbursed him for their travels. The trips took place in 2022 and 2023, after Willis had hired Wade as special prosecutor in the election subversion probe involving Trump.
"The plaintiff may have used marital funds for trips, but all of those involve the plaintiff's actions and have nothing to do with Miss Willis," attorney Cinque Axam argued on behalf of Willis.
In her motion to quash her subpoena, Willis accused Jocelyn Wade of conspiring "with interested parties in the criminal election interference case to use the civil discovery process to annoy, embarrass, and oppress" her. She noted that the subpoena was issued the same day a motion was filed by a defendant in the election interference case, seeking to dismiss his charges and disqualify Willis' team from the case for having an "improper relationship" with Wade.
The court filing this month by Trump co-defendant Michael Roman was the first to bring up Wade's pending divorce and his personal relationship with Willis.
Roman contends Willis benefited financially from the vacations paid for by Wade and that she misused county funds in hiring Wade as a special prosecutor for the case, noting Wade has been paid more than $654,000 in legal fees.
Roman seeks to have the entire racketeering indictment dismissed, under which he faces seven charges for purportedly aiding in the organization of slates of alternate Trump electors in Georgia and other battleground states while working for the Trump campaign as director of election day operations.
Fulton County Superior Court Judge Scott McAfee, who is overseeing the case, scheduled a hearing for Feb. 15 to hear evidence on Roman's motion.
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