More stories

  • in

    Judge unseals divorce case as conflict of interest claims threaten Trump Georgia trial

    A Georgia judge on Monday unsealed the divorce case involving a special prosecutor at the center of allegations concerning an improper relationship with the Fulton county district attorney who brought the racketeering case against Donald Trump over his efforts to overturn the 2020 election results.The judge also stayed the deposition of the Fulton county district attorney Fani Willis in the divorce, until the special prosecutor Nathan Wade – whom she hired for the high-profile Trump case – had first testified about his relationship and financial conditions himself.Trump’s co-defendant and 2020 campaign elections day operations chief, Michael Roman, has put forward a motion seeking to have the district attorney’s office disqualified from bringing the case because the alleged relationship between Willis and Wade was a conflict of interest.The judge vacated the consent order sealing the divorce proceeding because no court hearing had been held at the time to shield the records. Roman and a coalition of media organizations, including the Guardian, had separately filed to unseal the case.The allegations made by Roman threaten to undercut one of the most complex and high-profile criminal cases against Trump that could go to trial before the 2024 election. Trump, who won the Iowa caucuses last week with a 30-point margin, is the frontrunner for the Republican nomination.Trump and his allies, including Roman, were charged last year with violating the Georgia racketeering statute over their efforts to reverse the outcome of the 2020 election in the state, including by advancing fake Trump slates of electors and pressuring state officials to toss vote totals.The complaint about the relationship inside the district attorney’s office surfaced in January after Roman sought the dismissal of Willis, alleging that she personally profited from hiring Wade because he billed at least $653,000 in fees and used that money to pay for vacations together.The reasoning from Roman, as it goes, suggests that even though Wade could spend his earnings as he liked, it was a conflict of interest when the money was being used to benefit Willis.Roman’s filing included no concrete proof that Willis personally benefited from hiring Wade. Roman’s lawyer Ashleigh Merchant, a respected local attorney who once endorsed Wade to be a judge in 2016, said the claims were based on sources and records from Wade’s divorce proceeding.But in a court filing submitted by Joycelyn Mayfield Wade in the divorce case last week, Wade’s bank records attached as exhibits showed that he had paid for at least two trips to Miami, Florida, and to Napa Valley, California, with Willis as the listed travel companion.The first trip, dated 4 October 2022, showed Wade paid for flights from Atlanta to Miami for himself and for Willis. Separately, on the same date and without names listed, Wade made two purchases with Royal Caribbean Cruises, for $1,248 and $1,387.The second trip, dated 25 April 2023, showed Wade paid for flights from Atlanta to San Francisco for himself and for Willis. On 14 May 2023, Wade made two purchases, for $612 and $228, at a Doubletree hotel in Napa Valley.Willis has not directly addressed the allegations. A spokesperson has said the district attorney’s office would speak through its court filings.The allegations are scheduled to be addressed next month after the Fulton county superior court judge Scott McAfee, who is presiding in the Trump case, set an evidentiary hearing for 15 February. The date comes two weeks after the judge in the divorce case holds a hearing on whether to unseal.Wade started divorce proceedings the day after he was hired as a special prosecutor on the Trump case. The divorce turned contentious last year, after Joycelyn Mayfield Wade complained that her husband had failed to disclose his finances, including income from working on the Trump case.The complaint resulted in Wade being held in contempt by the Cobb county superior court judge and, in January, Willis herself was subpoenaed for information relating to Wade’s work.The subpoena ordered Willis to sit for a taped deposition on 23 January. At the hearing on Monday, the judge also stayed the subpoena until after Wade himself had been deposed by his wife about his financial situation.Willis accused Wade’s wife of “conspiring with interested parties in the criminal election interference case to use the civil discovery process to annoy, embarrass and oppress District Attorney Willis” in a motion to quash, and sought a protective order to avoid the deposition. More

  • in

    How Allegations of an Office Romance Came to Complicate the Case Against Trump

    The claims involving Fani Willis and Nathan Wade, the special prosecutor she hired to manage the sprawling case in Georgia, have led to new questions about Mr. Wade’s qualifications.Fani T. Willis ran for district attorney in Georgia’s Fulton County in 2020 with the slogan “Integrity matters!” and frequently pummeled the incumbent, her former boss, with accusations of ethical lapses. Soon after her victory, she set up a group to interview job candidates called the Integrity Transition Hiring Committee.One of its members was Nathan J. Wade, a lawyer and municipal court judge from the Atlanta suburbs whom she counted as a longtime friend and mentor. Indeed, it was the personal bond they shared that Ms. Willis has described as a key to her decision to hire him to lead the criminal case of a lifetime: her office’s prosecution of former President Donald J. Trump for his efforts to overturn his 2020 election loss.“I need someone I can trust,” she said in a 2022 interview.But in recent days, allegations have surfaced that Mr. Wade was not only a mentor to Ms. Willis, but also a romantic partner. The allegations appeared in a court motion filed this month by Michael Roman, one of Mr. Trump’s 14 co-defendants in the Georgia case. In an interview with The New York Times, a person familiar with the situation said the two had grown close after meeting in a legal education course for judges in 2019 — some two years before Ms. Willis hired Mr. Wade as special prosecutor in the Trump case.The two lawyers had at times been affectionate with each other in public settings, the person said. Ms. Willis has not addressed the allegations of a romantic relationship, nor has Mr. Wade. Ms. Willis’s office said it would reply to Mr. Roman’s motion in court filings.On Friday, credit card statements included in a filing in Mr. Wade’s divorce case show that he purchased airline tickets for himself and Ms. Willis on April 25, 2023, for a trip from Atlanta to San Francisco, and on Oct. 4, 2022, for a trip to Miami. They appear to partially support the contention in Mr. Roman’s motion that Mr. Wade and Ms. Willis had made trips to numerous vacation spots together, with Mr. Wade paying for some of the travel.Ms. Willis speaking at Big Bethel African Methodist Episcopal Church in Atlanta last Sunday.Lynsey Weatherspoon for The New York TimesWhether these new revelations will disrupt the Trump case — or Ms. Willis and Mr. Wade’s role in it — remains unclear. Mr. Roman’s motion argues that Ms. Willis and Mr. Wade violated the state bar’s rules of professional conduct, the county code regarding conflicts of interest and, possibly, federal law. It calls for the case against Mr. Roman to be dismissed, and for Mr. Wade, Ms. Willis and Ms. Willis’s entire office to be disqualified from the case.In a letter to Ms. Willis on Friday, the county commissioner who chairs the board’s audit committee, Bob Ellis, demanded documents from her in an effort to determine whether county funds paid to Mr. Wade “were converted to your personal gain in the form of subsidized travel or other gifts.”At the very least, the revelations have raised questions about Ms. Willis’s motivation for hiring Mr. Wade, a legal generalist who appears to act as a sort of player-manager for the prosecution’s multi-lawyer team.A review of Mr. Wade’s more than two decades as a lawyer by The New York Times also raises the issue of his qualifications, and whether they were sufficient to justify his appointment to a job that has made him more than $650,000 in taxpayer dollars and catapulted him to the top of one of the highest-profile criminal cases in the country. As a fixture on the legal and political scene in suburban Cobb County, Mr. Wade spent years handling low-level criminal cases, first as a prosecutor and then a judge. But he yearned to take on weightier work. And while he landed some, defending clients in a number of serious felony cases, his dream of being elected a superior court judge, where he could preside over bigger cases, was repeatedly denied to him by voters. Mr. Wade’s publicly available record as a lawyer shows scant evidence that he prosecuted major criminal cases, with no evidence that he has handled a major political corruption case or one involving the state’s complicated racketeering statute, known as RICO, under which all of the defendants in the Trump case have been charged. “The realm of attorneys who handle Georgia RICO cases is a small one, and he is not someone who was in that realm before the Trump case,” said Chris Timmons, an Atlanta trial lawyer who handled white-collar cases for more than 15 years as a prosecutor. Several former Georgia prosecutors say that Mr. Wade’s fee, of $250 per hour, did not seem excessive. But some of them also questioned whether he had the qualifications to lead such a high-stakes case. “I can’t judge on whether it’s a legitimate hire, but I think it’s a legitimate question to ask why this particular lawyer was hired,” said Danny Porter, the former longtime district attorney in Gwinnett County and a Republican.Speaking recently at a historically Black church in Atlanta, Ms. Willis said that the questions raised about her hiring of Mr. Wade were racist. She praised Mr. Wade’s “impeccable credentials” and said they were being questioned because both she and Mr. Wade were Black.Mr. Wade could not be reached for comment for this story. But his defenders point to the measurable successes the prosecution team has notched so far under his stewardship. Prosecutors have obtained four guilty pleas from the original cast of 19 co-defendants, and beaten back, so far, an effort to have the case moved to the federal court system, which would offer some advantages to the defendants.Gerald A. Griggs, a lawyer and the president of the state N.A.A.C.P. who knows both Mr. Wade and Ms. Willis personally, noted that as a defense lawyer, Mr. Wade brings a valuable perspective to a team that includes a number of veteran prosecutors. A defense lawyer “can show you where the holes are to make sure your case is strong,” he said. From traffic tickets to feloniesMr. Wade’s publicly available record as a lawyer shows scant evidence that he prosecuted major criminal cases.Pool photo by Elijah NouvelageMr. Wade, according to an old job application, was born in Houston, studied at Texas State University, then went on to attend John Marshall Law School in Atlanta. He once told an Atlanta-area magazine, Cobb in Focus, that his career path was influenced by his father, a Vietnam veteran, and by early involvement in church activities that sparked an interest in public speaking.By the late 1990s, Mr. Wade was in Cobb County, where he spent some time as an assistant solicitor, a prosecuting job that handles traffic cases and minor crimes. He moved to private practice to focus on civil matters but told the magazine that he continued to do some prosecution work for local municipalities.Mr. Wade’s civil cases have ranged from divorces to paternity matters, child support, car accidents, small claims and personal injury issues. The criminal cases he handled as a defense lawyer included clients charged with aggravated assault and battery, armed robbery, rape, cocaine trafficking and financial fraud.Ron Coleman, a retired Atlanta lawyer, said he faced Mr. Wade in a 2016 case in which Mr. Wade’s client claimed that she found glass in her food at a chain restaurant. A settlement was reached in mediation, and one of the things that Mr. Coleman recalled was that Mr. Wade was not as aggressive as some other lawyers he has worked against in such cases. “I’ve dealt with a lot of guys who would destroy you if they saw an opening, but he didn’t strike me as having that kind of focus or intensity,” he said. In a 2021 slip and fall case in which one of Mr. Wade’s clients was suing another restaurant company, Robert Jenkins, a lawyer for the defendant, said he found Mr. Wade to be both assertive and skilled.“He was forceful, but cool and composed,” he said. “And when he asks question number one, he knows what question number three is going to be. He seemed two steps ahead.”A Black Republican amid demographic changeMr. Wade representing the Fulton County District Attorney’s Office in court. Pool photo by Jason GetzMr. Wade had already made history, in 2011, as the first Black man to be appointed to a judgeship in the city of Marietta, Ga. As an associate judge for the Marietta Municipal Court, he dealt with small-bore matters like traffic stops. He set his sights on more.Politically, it seemed as though there might be a path. Cobb County’s population boomed in the 1960s and 1970s with an influx of white city dwellers fearful of an integrating Atlanta. In the 1990s it was represented by House Speaker Newt Gingrich, who in 1994 led a national conservative resurgence known as the Republican Revolution.But by the 2000s, demographic change was afoot as racial attitudes shifted and people of all kinds sought the same suburban idyll. As it gained residents, Cobb County became increasingly integrated, with Black residents growing to nearly 30 percent of the population in 2022 from just under 10 percent in 1990.For years, Mr. Wade was a regular at county Republican breakfast meetings, and he served for a time as a delegate to the county convention, said Jason Shepherd, who chaired the Cobb County Republican Party at the time. Mr. Shepherd said he once helped distribute yard signs for Mr. Wade during one of his numerous failed bids to be elected to a higher judgeship, and called him “charismatic,” “energetic” and “more on the Republican side on law enforcement issues.” In 2016, during one of his unsuccessful attempts to run for Cobb County superior court judge, he was supported by Ashleigh Merchant — the lawyer who filed the motion this month on Mr. Roman’s behalf that seeks to have him removed from the Trump case. The motion questions Mr. Wade’s qualifications. But in a Facebook post in the midst of his judge’s race, she praised him for his extensive résumé. “Nathan has practiced in every area of the law that appears before the Superior Court bench,” she wrote. (She recently explained her change of heart by saying that Mr. Wade seemed like a better choice to her than his opponent at the time.)According to the Cobb County Board of Elections and Registration, Mr. Wade ran four times for superior court judge between 2008 and 2016. They were nonpartisan races. He lost each time. Mr. Wade found himself embroiled in Cobb County politics in a different way in 2020, when he was accused in a lawsuit filed by a local NBC affiliate of heading an investigation of the county jail that, according to the suit, was in fact a ruse by the longtime sheriff at the time, Neil Warren, a Republican, to keep reporters from accessing documents about a string of jailhouse deaths. No investigative report ever came publicly to light. The Cobb County Sheriff’s Office said it had no such report in its files and was “unable” to comment on any work Mr. Wade might have done on the jail. Mr. Warren did not respond to numerous calls and texts seeking comment. Mr. Wade also declined to answer questions on the matter. But in an earlier court hearing, he said his inquiry had not been memorialized in documents. “I have obviously my brainchild, what’s going on in my mind about it,” he said. “That’s what I have.” Two lawyers land two big jobsMs. Willis and Mr. Wade, second from left, in August.Kenny Holston/The New York TimesWhen Ms. Willis won election in 2020, she instilled high hopes for a fresh start at the Fulton County District Attorney’s Office, which is the largest such office in Georgia and handles most of the criminal cases in Atlanta. Her predecessor, Paul L. Howard Jr., who had been in office for more than 20 years, was burdened with a recent ruling against him from the state ethics commission, a sexual harassment complaint (of which he was later found not guilty) and questions, raised by Ms. Willis, about whether he had played politics in his handling of a high-profile police shooting.Ms. Willis, a single mother of two who had been one of Mr. Howard’s courtroom stars, handily defeated him in a Democratic primary runoff in August 2020. In heavily Democratic Fulton County, there was no Republican opponent on the general election ballot. She would become the first woman to hold the job.“Y’all, we made herstory,” she said in her victory speech. “You have my word, during my tenure as district attorney in Fulton County, we will be a beacon for justice and ethics in Georgia and across the nation.”She took office in January 2021. The next month, she opened the criminal investigation into Mr. Trump and his allies and began building a team to prosecute the case. Some of them, like the lawyers Donald Wakeford and Daysha Young, were experienced prosecutors who had left the office but rejoined as full-time employees after Ms. Willis’s election. She also contracted for outside expertise, bringing in John Floyd, a lawyer widely considered Georgia’s premier expert on racketeering law. She hired Anna Green Cross, a former prosecutor with extensive experience trying murder cases who has been a key player for the D.A.’s office in federal court, where some co-defendants in the Trump case have been arguing, so far unsuccessfully, to have the case moved.Ms. Willis said she also needed a special prosecutor to lead the growing team, and turned to Mr. Wade to help her find one. “The truth is, and I mean it in no way disrespectful to Mr. Wade, he was not my first choice as special counsel,” she said in an interview in 2022.She said she had told a number of more experienced or well-known lawyers about the job first. But they turned her down. At least one of them was concerned that trying Mr. Trump could open the door to personal security threats. Eventually, she said, she and other advisers turned to Mr. Wade and encouraged him to take the position. Ms. Willis recalled that Mr. Wade said, “Well, you know, I’ve spent a little time as a prosecutor, but really more of my career has been as a defense attorney.”She replied: “Well, I’ve been a defense attorney and a prosecutor, too. What I need is a trial lawyer.” From that point, Ms. Willis recalled, “it was a convincing process” to get Mr. Wade to sign up. “But he wasn’t afraid,” she said. “And I needed someone not afraid.”Mr. Wade’s first day under contract with the district attorney’s office was Nov. 1, 2021. He was to be paid an hourly rate of $250 per hour, the same rate as Ms. Cross. Records show Mr. Floyd has charged between $150 and $200 per hour.County records posted online also show that Mr. Wade’s law partner, Christopher A. Campbell, has been paid $126,070 by the district attorney’s office since June 2021 and that his former law partner, Terrence Bradley, was paid at least $74,480 since May of that year. Jeff DiSantis, a spokesman for Ms. Willis’s office, said that the payments to Mr. Campbell and Mr. Bradley were for services unrelated to the Trump case, including making court appearances in cases on behalf of the D.A.’s office when it was short-staffed and removing documents in potential public corruption cases that members of the D.A.’s office are not allowed to see.Managing the caseMr. Wade, left, and the lawyer Daysha Young during a hearing in October.Pool photo by Alyssa PointerIn court appearances, various members of the Trump prosecution team have taken turns handling presentations before judges. In state court, many of the complex legal issues that have arisen have been argued by prosecutors other than Mr. Wade. But much of the work of the Trump prosecution team occurs behind closed doors, which makes Mr. Wade’s full contribution difficult to discern. In some cases, Mr. Wade has raised the ire of lawyers connected to the case. One of them was Tim Parlatore, the lawyer for Bernard Kerik, a former New York Police commissioner who had been subpoenaed to testify by the district attorney’s office. In a letter to Mr. Wade in October, Mr. Parlatore said that prosecutors had identified Mr. Kerik as a co-conspirator in the case. For that reason, Mr. Parlatore said, Mr. Wade should have understood from the beginning that he would not allow Mr. Kerik to testify without a grant of immunity. “You seemed genuinely surprised by this relatively basic application of the 5th Amendment right to not answer questions from the very prosecuting agency that has publicly accused him of being a co-conspirator,” Mr. Parlatore wrote, addressing Mr. Wade.Another who clashed with Mr. Wade was Brian F. McEvoy, a lawyer for Gov. Brian P. Kemp of Georgia, whom Mr. Trump had telephoned late in 2020 for help in overturning Joseph R. Biden Jr.’s win in the state. In a 2022 motion, Mr. McEvoy described a breakdown in communications between him and prosecutors as they discussed the terms of a potential interview of the governor. Mr. McEvoy said Mr. Wade’s demand that Mr. Kemp meet with prosecutors within a specific time frame came off as “threatening.”Ms. Willis weighed in with an email to Mr. McEvoy, accusing him of “rude and disparaging” conduct toward her staff that was “beneath an officer of the court.”One the most awkward moments Mr. Wade has spent in the spotlight came when a number of co-defendants in the Trump case complained to the presiding judge that they had received auto-generated mailers from a local law firm that was trying to drum up business.“Our lawyers have an abundance of experience handling cases in the state and local courts of Metro Atlanta,” the letters stated.The law firm was Mr. Wade’s.Reporting was contributed by More

  • in

    John Lewis review: superb first biography of a civil rights hero

    John Lewis: In Search of the Beloved Community chronicles one man’s quest for a more perfect union. An adventure of recent times, it is made exceptional by the way the narrative intersects with current events. It is the perfect book, at the right time.Raymond Arsenault also offers the first full-length biography of the Georgia congressman and stalwart freedom-fighter. The book illuminates Lewis’s time as a planner and participant of protests, his service in Congress and his time as an American elder statesman.Exemplary of Malcom X’s observation, “of all our studies, history is best qualified to reward our research,” Arsenault’s life of Lewis also brings to mind William Faulkner’s take on American life: “The past is never dead. It’s not even past.”John Robert Lewis was born into a poor family of sharecroppers in Alabama. Sharecropping amounted to slavery in all but name. White people owned the land and equipment. At the company store, seed and other supplies, from cornmeal to calico, were available on credit. The prices set for all this, and for the cotton harvest, were calculated to keep Black people in debt.Recalling his childhood, Lewis was not referring to material wealth when he wrote: “The world I knew as a little boy was a rich, happy one … It was a small world … filled with family and friends.”His school books made him aware of the unfairness of Jim Crow: “I knew names written in the front of our raggedy secondhand textbooks were white children’s names, and that these books had been new when they belonged to them.”His parents and nine siblings’ initial indifference to learning proved frustrating. They viewed his emergent strength, which would help him withstand a career punctuated by arrests and beatings, as a means to help increase a meager income. First sent into the cotton fields at six, Lewis was frequently compelled to miss class through high school.His political mission grew out of a religious calling. His was a gospel of justice and liberation. As a child he practiced preaching to a congregation of the chickens. In time, like Martin Luther King Jr, he was ordained a Baptist minister.Inspired by Gandhi and Bayard Rustin as well as by King, Lewis also embraced non-violence in emulation of Jesus. He took to heart Christ’s call to turn the other cheek: love your enemy and love one another. He called his modeling of Christ’s confrontation with injustice “getting into good trouble”.Education offered opportunities. In college, Lewis met and befriended likeminded young people. Helping form and lead the Student Nonviolent Coordinating Committee (SNCC), he attracted others eager to take action, as Freedom Riders or whatever else gaining equal treatment might take.Lewis’s willingness to suffer attack while defending his beliefs gave him credibility like no other. The most remembered blow produced a skull fracture in Selma, Alabama. That barbaric 1965 assault against peaceful protesters came from authorities headed by George Wallace, the governor who said: “Segregation today! Segregation tomorrow! Segregation forever!” A move to maintain white supremacy, the atrocity became known as “Bloody Sunday”.Time after time, Lewis found unity among colleagues elusive. In 1963, at the March on Washington, four higher-ups insisted on softening his speech. Even so, his radicalized passion shone through.Collaborating with Jack and Robert Kennedy, their self-satisfied delusion masquerading as optimism, was also problematic. Time and again, political expedience tempered the president and the attorney general in their commitment to civil rights. Sixty years on, among lessons Lewis attempted teaching was the inevitability of backlash following progress. If Barack Obama represented propulsion forward, the improbable installment of Donald Trump was like a race backward. Angering some, this was why, looking past Bernie Sanders or Elizabeth Warren, Lewis endorsed for president the less exciting but more electable Joe Biden.Lewis’s ability to forgive indicates something of his greatness. Of George Wallace’s plea for forgiveness, in 1986, he said: “It was almost like someone confessing to a priest.”Rather like a priest, Lewis was admired across the House chamber. His moral compass was the “conscience of Congress”. Near the end of his life, in 2020, employing all his measured and collaborative demeanor, he exerted this standing in an attempt to restore the Voting Rights Act, gutted by a rightwing supreme court. Exhibiting what seemed to be endless resolve, he nearly succeeded.skip past newsletter promotionafter newsletter promotionI met Lewis in 1993, in Miami, at the conference of the National Trust for Historic Preservation. The event’s theme, “cultural diversity”, got more dubious by the day. Only Black people attended excellent Black history workshops. Only rich white people toured Palm Beach houses.There were subsidized airfares, conference fees and accommodation for people of color. But I asked the Trust’s new president, Richard Moe, if it wouldn’t be good for the Trust to acquire Villa Lewaro, a house at Irvington, New York, once the residence of Madam CJ Walker, a Black business pioneer. Moe answered: “I intend to take the Trust out of the business of acquiring the houses of the rich.”I hoped Lewis’s keynote address would deem preservation a civil right. It didn’t. Instead, Lewis lamented how high costs made preserving landmarks in poor Black neighborhoods an unaffordable luxury. Moe heartily concurred. I stood to protest.Moe cut me off: “Mr Adams, you are making a statement, not asking a question. You are out of order!”“No,” Lewis said. “The young man did ask a question! He asked: ‘Why in places like Harlem, with abatements and grants, taxpayers subsidize destruction, instead of preserving Black heritage?’ I never thought of it that way. And he’s right.”In that moment, John Lewis became my hero. As a preservationist, I share his mission to obtain that Beloved Community. It is a place where inclusion is a right and where welcome is a given.
    John Lewis: In Search of the Beloved Community is published in the US by Yale University Press
    Michael Henry Adams is an architectural-cultural historian and historic preservation activist More

  • in

    Judge in Trump case sets hearing over Fani Willis conflict-of-interest claims

    The Georgia judge overseeing the racketeering case charging Donald Trump and allies with attempting to overturn the 2020 election results in the state has scheduled a hearing for February to weigh whether the Fulton county district attorney should be disqualified from prosecuting the charges.In a one-page order, the Fulton county superior judge Scott McAfee set an evidentiary hearing for 15 February to address allegations raised by Trump’s co-defendant Michael Roman that the district attorney Fani Willis had an improper romantic relationship with one of her prosecutors.The judge also ordered the district attorney to file a response to the allegations by 2 February. Earlier this week, Willis’s office had privately told at least two lawyers involved in the case that they intended to submit their written response by that date, people familiar with the matter said.The case is unlikely to be dismissed outright even if the allegations are proven true. But that could result in the disqualification of Willis, which, under Georgia caselaw, would necessitate the disqualification of the entire Fulton county district attorney’s office, as well.At issue is an explosive complaint from Roman – director of Trump’s 2020 election-day operations – that Willis should be relieved of bringing the case because of conflicts of interests arising from her ongoing relationship with a lawyer named Nathan Wade, whom she hired as a special prosecutor.The filing claimed Willis personally profited from the contract. Wade was paid at least $653,000 and potentially as much as $1m for legal fees as one of the lead prosecutors on the Trump case, and the filing alleged Wade then paid for trips he took with Willis to Napa Valley and the Caribbean.The filing included no proof of the allegations. Roman’s lawyer Ashleigh Merchant, a respected local attorney who publicly endorsed Wade when he ran to be a Cobb county superior judge 2016, has said the claims were based on sources and records from Wade’s divorce proceeding that remains under seal.Wade started divorce proceedings the day after he was hired as a special prosecutor on the Trump case. According to court records, the divorce case has been contentious, and Joycelyn Mayfield Wade wrote that her husband had failed to disclose his finances, including from his Fulton county work.For his part, Wade has repeatedly insisted in court filings that he had complied with the discovery obligations and accused his wife of being “stubbornly litigious and dragging the matter out for no stated reasons”.Three days after Trump was indicted in Atlanta last August, the presiding Cobb county superior court judge Henry Thompson held Wade in contempt for failing to disclose financial statements, including bank and credit card statements.Weeks later, Joycelyn Mayfield Wade said in a filing in September that she would be forced to subpoena records to obtain her husband’s earnings from legal work done for the Fulton county district attorney’s office and Fulton county in November and December respectively.Willis herself was subpoenaed for testimony on 8 January, just hours before Roman filed his motion seeking dismissal of the charges and disqualification. The subpoena ordered her to appear for a 23 January video-taped deposition.Willis has not directly addressed the allegations, and a spokesperson has said it would all be addressed in court filings.Roman’s allegations threaten to upend one of the most consequential criminal cases against Trump, who pleaded not guilty to charges that he and his co-defendants violated the Georgia Rico statute through his efforts to reverse his 2020 election defeat.Whether Willis, and therefore the district attorney’s office, can be disqualified from prosecuting the Trump case turns less on Wade’s credentials and more on the extent of a potential conflict of interest, legal experts said.The standard for disqualification does not turn on whether Willis made prosecutorial decisions to benefit Wade, the experts said, but whether she made decisions to extend a criminal investigation actually benefited Wade, who was also paying for travel and vacations.In 2022, the chief Fulton county superior court judge Robert McBurney disqualified the Fulton county district attorney’s office from prosecuting the Republican lieutenant governor Burt Jones after Willis endorsed his political opponent, Charlie Bailey.The order from McBurney found that there was an “actual” conflict of interest because even though Jones might not have had definitive proof that “an investigative decision was made to benefit Bailey … any public criminal investigation into Jones plainly benefits Bailey’s campaign”.Should McAfee ultimately decide to disqualify Fulton county, the Prosecuting Attorneys’ Council of Georgia would be tasked with deciding where the case would be transferred to. It could pursue the case itself, or give it to another district attorney’s office, which could choose to drop the charges. More

  • in

    ‘He’d been through the fire’: John Lewis, civil rights giant, remembered

    When he was a Ku Klux Klansman in South Carolina, Elwin Wilson helped carry out a vicious assault that left John Lewis with bruised ribs, cuts to his face and a deep gash on the back of his head. Half a century later, Wilson sought and received Lewis’s forgiveness. Then both men appeared on Oprah Winfrey’s TV show.Wilson looked overwhelmed, panicked by the bright lights of the studio, where nearly 180 of Lewis’s fellow civil rights activists had gathered. But then Lewis smiled, leaned over, gently held Wilson’s hand and insisted: “He’s my brother.” There was not a dry eye in the house.Raymond Arsenault, author of the first full-length biography of Lewis, the late congressman from Georgia, describes this act of compassion and reconciliation as a quintessential moment.“For him, it was all about forgiveness,” Arsenault says. “That’s the central theme of his life. He believed that you couldn’t let your enemies pull you down into the ditch with them, that you had to love your enemies as much as you loved your friends and your loved ones.”It was the secret weapon, the way to catch enemies off-guard. Bernard Lafayette, a Freedom Rider and close friend of Lewis, a key source for Arsenault, calls it moral jujitsu.Arsenault adds: “They’re expecting you to react like a normal human being. When you don’t, when you don’t hate them, it opens up all kinds of possibilities. The case of Mr Wilson was classic. I’ve never seen anything like it in my lifetime, for sure.”Arsenault, a history professor at the University of South Florida, St Petersburg, has written books about the Freedom Riders – civil rights activists who rode buses across the south in 1961 to challenge segregation in transportation – and two African American cultural giants: contralto Marian Anderson and tennis player Arthur Ashe.He first met Lewis in 2000, in Lewis’s congressional office in Washington DC, a mini museum of books, photos and civil rights memorabilia.“The first day I met him, I called him ‘Congressman Lewis’ and he said: ‘Get that out of here. I’m John. Everybody calls me John.’ It wasn’t an affectation. He meant it. He seemed to value human beings in such an equalitarian way.”Lewis asked for Arsenault’s help tracking down Freedom Riders for a 40th anniversary reunion. It was the start of a friendship that would last until Lewis’s death, at 80 from pancreatic cancer, in 2020.“From the very start I saw that he was an absolutely extraordinary human being,” Arsenault says. “I don’t think I’d ever met anyone quite like him – absolutely without ego, selfless. People have called him saintly and that’s probably fairly accurate.”Arsenault was approached to write a biography by the historian David Blight, who with Henry Louis Gates Jr and Jacqueline Goldsby sits on the advisory board of the Yale University Press Black Lives series. The resulting book, John Lewis: In Search of the Beloved Community, examines a rare journey from protest leader to career politician, buffeted by the winds of Black nationalism, debates over the acceptability of violence and perennial tensions between purity and pragmatism.Arsenault says Lewis “was certainly more complicated than I thought he would be when I started. He tried to keep his balance, but it was not easy because a lot of people wanted him to be what is sometimes called in the movement a ‘race man’ and he wasn’t a race man, even though he was proud of being African American and very connected to where he came from. He was always more of a human rights person than a civil rights person.“If he had to choose between racial loyalty or solidarity and his deeper values about the Beloved Community [Martin Luther King Jr’s vision of a just and compassionate society], he always chose the Beloved Community and it got him in hot water. He, for example, was criticised for attacking Clarence Thomas during the [1991 supreme court nomination] hearings and of course he proved to be absolutely right on that one.“There were other cases where if there was a good white candidate running and a Black man who wasn’t so good, he’d choose the white candidate and he didn’t apologise for it. He took a lot of heat for that. Now he’s such a beloved figure sometimes people forget that he marched to his own drummer.”Lewis’s philosophy represented a confluence of Black Christianity and the teachings of Mahatma Gandhi, Arsenault says. “He had this broader vision. There’s not a progressive cause that you can mention that he wasn’t involved with in some way or another.“He was a major environmentalist. There was a lot of homophobia in the Black community in those years but not even a hint [in Lewis]. He was also a philosemite: he associated Jews as being people of the Old Testament and he was so attracted to them as natural allies. Never even a moment of antisemitism or anything like that. He was totally ahead of his time in so many ways.”‘A man of action’Lewis was born in 1940, outside Troy in Pike county, Alabama, one of 10 children. He grew up on his family’s farm, without electricity or indoor plumbing, and attended segregated public schools in the era of Jim Crow. As a boy, he wanted to be a minister.Arsenault says: “I have a picture of him in the book when he was 11; they actually ran something in the newspaper about this boy preacher. He had something of a speech impediment but preached to the chickens on the farm. They were like his children or his congregation, his flock, and he loved to tell those stories.“But he was always bookish, different from his big brothers and sisters. He loved school. He loved to read. In fact his first protesting was to try to get a library card at the all-white library.”Denied a library card, Lewis became an avid reader anyway. He was a teenager when he first heard King preach, on the radio. They met when Lewis was seeking support to become the first Black student at the segregated Troy State University.“He was a good student and a conscientious student but he realised that he was a man of action, as he liked to say. He loved words but was always putting his body on the line. It’s a miracle he survived, frankly, more than 40 beatings, more than 40 arrests and jailings, far more than any other major figure. You could add all the others up and they wouldn’t equal the times that John was behind bars.”Lewis began organising sit-in demonstrations at whites-only lunch counters and volunteering as a Freedom Rider, enduring beatings and arrests. He helped found the Student Nonviolent Coordinating Committee (SNCC), becoming its chair in 1963. That year, he was among the “Big Six” organisers of the civil rights movement and the March on Washington, where at the last minute he agreed to tone down his speech. Still, Lewis made his point, with what Arsenault calls “far and away the most radical speech given that day”.In 1965, after extensive training in non-violent protest, Lewis, still only 25, and the Rev Hosea Williams led hundreds of demonstrators on a march of more than 50 miles from Selma to Montgomery, Alabama’s capital. In Selma, police blocked their way off the Edmund Pettus Bridge. Troopers wielded truncheons, fired tear gas and charged on horseback. Walking with his hands tucked in the pockets of his tan overcoat, Lewis was knocked to the ground and beaten, suffering a fractured skull. Televised images of such state violence forced a reckoning with southern racial oppression.Lewis returned to and crossed the bridge every year and never tired of talking about it, Arsenault says: “He wasn’t one to talk about himself so much, but he was a good storyteller and Bloody Sunday was a huge deal for him. He said later he thought he was going to die, that this was it.skip past newsletter promotionafter newsletter promotion“He passed through an incredible rite of passage as a non-violent activist and nothing could ever be as bad again. He’d been through the fire and so it made him tougher and more resilient. It’s origins of the legend. He was well considered as a Freedom Rider, certainly, and already had a reputation but that solidified it and extended it in a way that made him a folk hero within the movement.”Lewis turned to politics. In 1981, he was elected to the Atlanta city council. Five years later he won a seat in Congress. He would serve 17 terms. After Democrats won the House in 2006, Lewis became senior deputy whip, widely revered as the “conscience of the Congress”. Once a young SNCC firebrand, sceptical of politics, he became a national institution and a party man – up to a point.“That tension was always there,” Arsenault reflects. “He tried to be as practical and pragmatic as he needed to be but that wasn’t his bent.“He was much more in it for the long haul in terms of an almost utopian attitude about the Beloved Community. He probably enjoyed it more when he was a protest leader, when he was kind of a rebel. Maybe it’s not right to say he didn’t feel comfortable in Washington, but his heart was back in Atlanta and in Pike county. As his chief of staff once said, wherever he went in the world, he took Pike county with him.”The fire never dimmed. Even in his 70s, Lewis led a sit-in protest in the House chamber, demanding tougher gun controls. As a congressman, he was arrested five times.“He was absolutely determined and, as he once said: ‘I’m not a showboat, I’m a tugboat.’ He loved that line. Nothing fancy. Just a person who did the hard work and was always willing to put his body on the line,” Arsenault says.‘If he hated anyone, it was probably Trump’Lewis endorsed Hillary Clinton in 2008 but switched to Barack Obama, who became the first Black president. Obama honoured Lewis with the presidential medal of freedom and in 2015, on the 50th anniversary of Bloody Sunday, they marched hand in hand in Selma. Lewis backed Clinton again in 2016 but was thwarted by Donald Trump.Arsenault says: “He was thrilled by the idea of an Obama presidency and thought the world was heading in the right direction. He worked hard for Hillary in 2016 and thought for sure she was going to win, so it was just a devastating thing, as it was for a lot of us. He tried not to hate anyone and never would vocalise it but, if he hated anyone, it was probably Trump. He had contempt for him. He thought he was an awful man.“That was something I had to deal with in writing the book, because you like to think it’s going to be an ascending arc of hopefulness and things are going to get better over time, but in John Lewis’s life, the last three years were probably the worst in many respects because he thought that American democracy itself was on the line.”When Lewis died, Washington united in mourning – with a notable exception. Trump said: “He didn’t come to my inauguration. He didn’t come to my State of the Union speeches. And that’s OK. That’s his right. And, again, nobody has done more for Black Americans than I have.”Arsenault says: “They were almost like antithetical figures. Lewis was the anti-Trump in every conceivable way, but when he died in July 2020 he probably thought Trump was going to win re-election. Within the limits of his physical strength, which wasn’t great at that point, he did what he could, but the pancreatic cancer was so devastating from December 2019 until he died.“It was tough to deal with that part of the story but, in some ways, maybe it’s not all that surprising for someone whose whole life was beating the odds and going against the grain. He had suffered plenty of disappointments before that. It just made him more determined, tougher, and he was absolutely defiant of Trump.”Lewis enjoyed positive relationships with Republicans. “He was such a saintly person that whenever there were votes about the most admired person in Congress, it was always John Lewis. Even Republicans who didn’t agree with his politics but realised he was something special as a human being, as a man.“He had always been able to work across the aisle, probably better than most Democratic congressmen. He didn’t demonise the Republicans. It was Trumpism, this new form of politics, in some ways a throwback to the southern demagoguery of the early 20th century, this politics of persecution and thinly veiled racism. He passed without much sense that we were any closer to the Beloved Community.”Lewis did live to see the flowering of the Black Lives Matter movement after the police murder of George Floyd in Minneapolis. He was inspired, a day before he went into hospital, to visit Black Lives Matter Plaza, near the White House.“For him it was the most incredible outpouring of non-violent spirit in the streets that he’d ever seen, that anybody had ever seen,” Arsenault says. “That was enormously gratifying for him. He thought that in some sense his message had gotten through and people were acting on these ideals of Dr King and Gandhi.“That was hugely important to him and to reinforcing his values and his beliefs and his hopes. I don’t think he was despondent at all because of that. If that had not happened, who knows? But he’d weathered the storms before and that’s what helped him to weather this storm, because it was it was so important to him.”Lewis enjoyed fishing, African American quilts, sweet potato pie, listening to music and, as deathless videos testify, dancing with joy. Above all, Arsenault hopes readers of his book will be moved by Lewis’s fidelity to the promise of non-violence.“When you think about what’s happening in Gaza and the Middle East and Ukraine right now, it’s horrible violence – and more than ever we need these lessons of the power of non-violence. [Lewis] was the epitome of it. You can’t help but come away with an admiration for what he was able to do in his lifetime, how far he travelled. He had no advantages in any way.“The idea that he was able to have this life and career and the American people and the world would be exposed to a man like this – in some ways he is like Nelson Mandela. He didn’t spend nearly 30 years in prison, but I think of them as similar in many ways. I hope people will be inspired to think about making the kind of sacrifices that he made. He gave everybody the benefit of the doubt.”
    John Lewis: In Search of the Beloved Community is published in the US by Yale University Press More

  • in

    Fani Willis subpoenaed in divorce case involving Trump prosecutor

    Fani Willis, Georgia’s Fulton county district attorney who brought election interference charges against Donald Trump and 18 co-defendants, has been subpoenaed in a divorce case involving a special prosecutor she hired in the Trump case.A process server delivered the subpoena to Willis’s office on Monday, according to a court filing reviewed by the Wall Street Journal, which first reported the subpoena. The subpoena requests Willis to testify in the divorce case involving her top prosecutor Nathan Wade and his wife Joycelyn Wade.The Wades filed for divorce in Cobb county, just outside Atlanta, in November 2021, according to a county court docket. The filings in the case have been sealed since February 2022.Earlier this week, Mike Roman, a former Trump campaign official and co-defendant in the election interference case who is facing seven criminal charges, filed a motion accusing Willis and Nathan Wade of an “improper, clandestine personal relationship during the pendency of this case”. The filing offered no proof of the relationship or of any wrongdoing.The motion claimed that the alleged relationship between Willis and Nathan Wade resulted in “the special prosecutor, and, in turn, the district attorney, profiting significantly from this prosecution at the expense of the taxpayers”.“Willis has benefited substantially and directly, and continues to benefit, from this litigation because Wade is being paid hundreds of thousands of dollars to prosecute this case on her behalf,” the motion states.“He will continue to be incentivized to prosecute this case based on his personal and financial motives, so he has acquired a unique and personal interest or stake in Mr Roman’s continued prosecution. That is, he is motivated to prosecute Mr Roman for as long as possible because he will continue to make exorbitant sums of money,” the motion added.According to county records reviewed by the Hill, Nathan Wade was paid nearly $654,000 in legal fees in 2022 and 2023 as he worked on the election interference case.The motion further claimed – without evidence – that Willis and Nathan Wade traveled together to vacation destinations including Florida, Napa Valley and the Caribbean.The Guardian has contacted Willis and Nathan Wade for comment. Neither have yet spoken publicly on the subpoena. More

  • in

    In Tense Election Year, Public Officials Face Climate of Intimidation

    Colorado and Maine, which blocked former President Donald J. Trump from the ballot, have grappled with the harassment of officials.The caller had tipped off the authorities in Maine on Friday night: He told them that he had broken into the home of Shenna Bellows, the state’s top election official, a Democrat who one night earlier had disqualified former President Donald J. Trump from the primary ballot because of his actions during the Jan. 6 Capitol riot.No one was home when officers arrived, according to Maine State Police, who labeled the false report as a “swatting” attempt, one intended to draw a heavily armed law enforcement response.In the days since, more bogus calls and threats have rolled in across the country. On Wednesday, state capitol buildings in Connecticut, Georgia, Hawaii, Kentucky, Michigan, Minnesota, Mississippi and Montana were evacuated or placed on lockdown after the authorities said they had received bomb threats that they described as false and nonspecific. The F.B.I. said it had no information to suggest any threats were credible.The incidents intensified a climate of intimidation and the harassment of public officials, including those responsible for overseeing ballot access and voting. Since 2020, election officials have confronted rising threats and difficult working conditions, aggravated by rampant conspiracy theories about fraud. The episodes suggested 2024 would be another heated election year.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

  • in

    Conservative Group Wins Legal Victory Over 2020 Voting Challenges in Georgia

    The group, True the Vote, had been accused by the liberal organization Fair Fight of violating the Voting Rights Act by intimidating voters. A judge rejected the claims.A federal judge ruled on Tuesday that a conservative group’s efforts to challenge the eligibility of hundreds of thousands of voters in the Senate runoff elections in Georgia in early 2021 did not violate the Voting Rights Act under a clause outlawing voter suppression.In a 145-page opinion, the judge, Steve C. Jones of the United States District Court for the Northern District of Georgia, wrote that the court “maintains its prior concerns” regarding how the group, True the Vote, sought to challenge voters’ eligibility. But he said that Fair Fight, the liberal voting rights group that brought the lawsuit against True the Vote, had failed to show that the efforts were illegal.The decision was relatively narrow, applying only to Judge Jones’s district in northern Georgia, and will do little to change the status quo: Right-wing election groups have already tried to help bring thousands of challenges to voter registrations in states across the country.But the opinion is likely to encourage conservative activists hunting for voter fraud during the 2024 presidential election. Election officials and voting rights groups have expressed worries about these efforts, warning that an expanded campaign to challenge voters en masse could intimidate people away from the ballot box. True the Vote and similar groups, taking a cue from former President Donald J. Trump, have often spread false theories about election fraud.“Any of these decisions that allows these kinds of mass challenges to go forward embolden that movement,” said Sophia Lin Lakin, the director of the Voting Rights Project at the A.C.L.U.In his opinion, Judge Jones wrote that evidence from Fair Fight and individual voters in the trial did not amount to intimidation under an important section of the Voting Rights Act known as Section 11(b), which outlaws any attempt to “intimidate, threaten, or coerce, or attempt to intimidate” any voter or act of voting.“While the court believes that actions increasing the difficulty to vote if paired with other conduct might give rise to a Section 11(b) violation in some circumstances, increased difficulty alone does not constitute voter intimidation,” Judge Jones wrote.Voting rights experts said the ruling could raise the bar of what constitutes voter intimidation under the Voting Rights Act, and said it was yet another court decision that chipped away at the protections in the landmark law.“He took a very narrow view of what constitutes intimidation,” Ms. Lakin said. “But raising the bar of what you need to show altogether will make demonstrating voter intimidation claims more difficult, at least in the Northern District of Georgia.”In a footnote in the decision, Judge Jones, who was appointed to his post by President Barack Obama, was careful not to give a blessing to tactics like True the Vote’s.“In making this conclusion, the court, in no way, is condoning TTV’s actions in facilitating a mass number of seemingly frivolous challenges,” he wrote. He added: “TTV’s list utterly lacked reliability. Indeed, it verges on recklessness.”Fair Fight sued True the Vote three years ago, after the conservative group organized challenges in December 2020 questioning the eligibility of more than 250,000 registered Georgia voters. To spur right-wing activists to help challenge voters, True the Vote created a $1 million reward fund and offered bounties for evidence of “election malfeasance.”Fair Fight argued in its lawsuit that finding actual fraud or ineligible voters was only a secondary concern for True the Vote, and that the real intention was to frighten Democratic-leaning voters from turning out in what were expected to be razor-thin runoff elections that would determine control of the United States Senate.Catherine Engelbrecht, the president of True the Vote, celebrated the ruling as “an answer to the prayers of faithful patriots across America.”“Today’s ruling sends a clear message to those who would attempt to control the course of our nation through lawfare and intimidation,” Ms. Engelbrecht wrote in a statement. “American citizens will not be silenced.”Fair Fight, in a lengthy statement, said that federal courts were not adequately protecting Americans from ramped-up attacks on voting rights.“While there is much to make of the court’s 145-page opinion, Fair Fight is disappointed that Georgians and voters nationwide must continue to wait for our federal courts to impose accountability in the face of widespread and mounting voter intimidation efforts,” Cianti Stewart-Reid, the executive director of Fair Fight, said in the statement.It was unclear whether the group planned to appeal the decision. More