- Special prosecutor Nathan Wade and Fulton County District Attorney Fani Willis could face disbarment and potential charges if Judge Scott McAfee finds they lied under oath based on phone records contained in a court filing Friday, legal experts told the Daily Caller News Foundation.
- “The judge may find that the State was not truthful in its testimony and that its conduct in defending against disqualification is an independent basis to remove them,” Atlanta-based defense attorney Andrew Fleischman told the DCNF.
- Richard Painter, former chief White House ethics lawyer during the George W. Bush administration, said a district attorney who lies under oath “shouldn’t be trying” any case before the court.
Special prosecutor Nathan Wade’s cell phone data suggests he and Fulton County District Attorney Fani Willis may have lied on the witness stand, opening them up to greater consequences than disqualification from the case against former President Donald Trump, legal experts told the Daily Caller News Foundation.
Phone records contained in a Friday court filing by Trump’s attorney appeared to contradict Wade’s testimony that he visited Willis’ condo less than 10 times, showing “a minimum of 35 occasions” where his phone was in her neighborhood for an extended time, and appears to undermine Willis’ claim that he never spent the night. If they are found to have lied under oath, Willis and Wade could face charges and potential disbarment, legal experts told the DCNF.
The data, which revealed “over 2000 voice calls and just under 12,000 text messages” between the pair in 2021, also further calls into question the timeline of their relationship, which they have insisted began in 2022, after Wade’s contract started.
Atlanta-based defense attorney Andrew Fleischman told the DCNF that the “cell phone location data is powerful circumstantial evidence of a close personal relationship before 2022, as are the sheer number of texts and phone calls exchanged.” (RELATED: Phone Records Appear To Contradict Key Element Of Fani Willis’ Testimony)
“The judge may find that the State was not truthful in its testimony and that its conduct in defending against disqualification is an independent basis to remove them,” Fleischman said.
…If the court believes that Willis and Wade lied on the stand, he could refer the matter for possible prosecution…by some other office. He could also consider a referral to the bar. Once again, the insistence on Willis and Wade that they remain in the case is troubling…
— Jonathan Turley (@JonathanTurley) February 23, 2024
Willis’ long-time friend testified during last week’s hearing that their relationship began in 2019.
Prosecutors are “rarely sanctioned for misconduct in Georgia,’ Fleischman said. He noted there may be “substantial political pressure for real consequences” if they are found to have lied, pointing to the likely Georgia House investigation and indications that the Fulton County Commissioners may be looking into financial misconduct.
The phone records may force Judge Scott McAfee to call into question the entire testimony of both Wade and Willis, specifically when it comes to their claim that she reimbursed him in cash for vacation expenses, Atlanta-based defense attorney and legal analyst Philip Holloway said.
“There’s really no way to prove or disprove that,” he told the DCNF. “So if their testimony about the starting date of the affair is a lie, then the judge is well within his rights to disbelieve all of their testimony. And if that’s the case, then the evidence is that Fani Willis was personally enriched by virtue of hiring her boyfriend and paying him with taxpayer dollars.”
If he finds their testimony is false, Holloway said the judge will “have no choice but to take some action.” This could include holding them in contempt, referring them to the state bar for disciplinary proceedings or referring them to another prosecutor’s office for possible charges.
The penalty for felony perjury in Georgia is a fine of up to $1,000 or a prison sentence of up to 10 years.
Nathan Wade and Fani Willis testified last week that he never stayed at her Hapeville condo overnight. However, Wade’s phone data included in a court filing today appears to show otherwise.
Wade’s phone remained near Willis’ residence twice in 2021 overnight. pic.twitter.com/bUsDuzXStj
— Katelynn Richardson (@katesrichardson) February 23, 2024
Richard Painter, former chief White House ethics lawyer during the George W. Bush administration, told the DCNF that a district attorney who lies under oath “shouldn’t be trying” any case before the court.
“The judge will have to take that evidence very, very seriously if the data appears to show that the sworn testimony provided to the court might be false,” he said.
George Washington University law professor Jonathan Turley wrote on X that there is “clearly a growing appearance of impropriety and possible conflicts of interest.”
“If the court believes that Willis and Wade lied on the stand, he could refer the matter for possible prosecution…by some other office,” Turley wrote. “He could also consider a referral to the bar.”
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