ATLANTA — The U.S. House Judiciary Committee has now tapped the U.S. Marshals to help obtain testimony from former Fulton County special prosecutor Nathan Wade.
They've taken the step after Wade failed to appear for an earlier scheduled hearing, according to a copy of a letter accompanying a subpoena obtained by 11Alive. Now, a committee spokesman said they've asked the Marshals service to serve Wade with a subpoena to testify.
"The Judiciary Committee has served over 100 subpoenas this Congress. We have done so, for the most part, without controversy or the need to use the U.S. Marshals," said Russell Dye, a spokesman for the committee. "Nathan Wade's evasion of service is extremely unusual and will require the Committee to spend U.S. tax dollars to locate him."
The subpoena, signed September 20, requests Wade's testimony at a September 26 hearing in Washington, DC.
Nathan Wade did not immediately respond to requests for comment.
Former Georgia Governor Roy Barnes, now a private attorney representing Fulton County District Attorney Fani Willis in a different legal matter, argued the Judiciary Committee's decision was politically motivated.
"This seems to be nothing but political grandstanding right here before the election," said Barnes.
The Republican-controlled Judiciary Committee has been engaged in a months-long effort to obtain testimony and documents from both Willis and Wade relating to the ongoing Fulton County election interference case against former president Donald Trump and other co-defendants.
Wade helped lead the prosecution until he withdrew from the case earlier this year after it was revealed that he had shared a romantic relationship with Willis.
According to the Judiciary Committee's subpoena letter, Wade had been scheduled to sit for an interview with the Committee earlier this month but backed out.
"In the week preceding the scheduled interview, the Committee contacted your counsel twice via email and did not receive a response," Republican Judiciary Chairman U.S. Rep. Jim Jordan wrote in his subpoena letter. "Instead, on September 13 -- just five days before your scheduled interview -- your counsel informed the Committee that, due to an unsolicited letter from Roy Barnes . . . you had to "postpone" your appearance."
"Finally, on September 17, your counsel confirmed that you would not appear for your scheduled interview based on 'concerns' raised by the Barnes letter," Jordan continued.
Barnes said he anticipated Wade would be asked detailed questions about the ongoing Fulton County prosecution of former President Trump and sent a letter requesting that he be allowed to be present during the interview so he could "make objections if they got into issue that were privileged."
In an interview Wednesday, Barnes said he never got a reply to his request.
"It is a sad day when the processes of the United States Congress are controlled by someone that obviously has a personal issue and is trying to create an issue where none exists for a purely political reason," said Barnes.
Jordan, via his letter, argued that this latest effort to compel Wade's testimony was a last resort.
"To date, you have failed to honor our request, despite the Committee making numerous efforts over the course of many months to obtain your voluntary cooperation," he wrote. "As such, the Committee must resort to compulsory process to obtain your testimony."
