ATLANTA — In a letter released by House Judiciary Committee Republicans on Monday night, Fulton County DA Fani Willis says former special prosecutor Nathan Wade has been instructed not to answer questions about the 2020 election case ahead of Wade's expected deposition with the committee on Tuesday.
DA Willis argues in the letter that Wade retains privileged information about the case.
"I am concerned that your demand for Mr. Wade's testimony would force him to improperly divulge confidential information that is protected by privileges," held by the DA's Office, the letter states.
The letter further states that Wade "has been instructed not to answer any questions that seek to solicit information about his role or underlying evidence in the Office's investigation of unlawful efforts to interfere with the 2020 presidential election in Georgia."
Willis asserts Wade's knowledge of "key evidence, confidential attorney communications, legal theories and analyses, prosecutorial recommendations, and deliberations as well as knowledge of the sources, procedures and techniques employed in this investigation" are "legally privileged and not subject to disclosure."
The Judiciary Committee, led by Ohio Republican Rep. Jim Jordan, has sought to speak with Wade since the beginning of the year. Wade was the special prosecutor on the 2020 election interference case, involving former President Donald Trump and other defendants, until his resignation in March following a Fulton County judge's order. That concluded an extraordinary sidetrack in the case, which began with the revelation of a relationship between Wade and Willis that defense attorneys had tried to argue created an improper conflict necessitating Willis' disqualification.
Ultimately, Judge Scott McAfee ruled Willis could stay on the case if Wade resigned. Defense attorneys in the election case have appealed that part of the ruling; the Georgia Court of Appeals is due to hear arguments in December.
The House Judiciary Committee stepped up its efforts to speak with Wade last month, issuing a subpoena for his testimony after he failed to appear for an earlier scheduled hearing. Last week his lawyer, Andrew Evans, told the Washington Examiner that Wade received a subpoena and would "fully cooperate" with the Judiciary Committee for the deposition being held Tuesday.
Under Rep. Jordan, the House Judiciary chairman, the committee has investigated the origins of the Fulton County election case, asserting "serious concerns about the degree of improper coordination among politicized actors — including the Biden White House — to investigate and prosecute President Biden's chief political opponent."
Willis herself was subpoenaed earlier this year, and at one point Rep. Jordan threatened to hold her in contempt if she did not produce documents about a whistleblower allegation that Willis fired an employee who said she tried to stop a campaign aide from misusing federal funding meant for youth gang prevention.
“These false allegations are included in baseless litigation filed by a holdover employee from the previous administration who was terminated for cause," Willis said at the time. "The courts that have ruled found no merit in these claims... Any examination of the records of our grant programs will find that they are highly effective and conducted in cooperation with the Department of Justice and in compliance with all Department of Justice requirements."
In her new letter to the Judiciary Committee, dated Oct. 11, Willis states that, "As long as I am District Attorney, I will continue to do everything in my power to protect the integrity of this criminal investigation and all others in which my office leads."
"My legal duty to protect the secrecy and integrity of all criminal investigations has been bestowed upon me by Federal, State and Local law - and I have no interest in waiving this responsibility for your politically motivated tactics," she adds.
In a statement on X, Steve Sadow, Trump's attorney in the Fulton County case, said Willis and Wade "have waived any privilege they may have about their sexual relationship and the circumstances surrounding his employment as a special prosecutor by testifying at the disqualification hearing."
In a letter to Wade, Rep. Jordan said the Fulton County District Attorney's Office obtained $14.6 million in grant funds from the Department of Justice between 2020 and 2023, and alleged that "given the enormous legal fees you have billed to the (DA's Office), there are open questions about whether federal funds were used... to finance your prosecution."
11Alive reported in January that records indicated Wade was paid for many more billable hours than the other special prosecutors on the case, amounting to hundreds of thousands of dollars. Willis contended the special prosecutors were all paid the same rate, and an Emory University law professor who spoke to 11Alive, John Acevedo, said that while the figures sounded "radically off," if Wade "did the vast majority of work and they were just consulting, those figures may be accurate."
Wade's deposition Tuesday will not be public. His lawyer, Evans, told the Washington Examiner last week the deposition would have a "narrowly defined" scope and that Wade would abide by the confidentiality obligations outlined in Willis' letter.