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    In Trump Case, Thorny Conflict of Interest Question Looms

    At the heart of the effort to disqualify the prosecutors in Donald J. Trump’s election interference case is the argument that the romantic relationship between Fani T. Willis, the Fulton County district attorney, and Nathan J. Wade, the special prosecutor she hired, created a conflict of interest.That argument has been put forth primarily by Ashleigh Merchant, the lawyer for Michael Roman, a former Trump campaign official and a co-defendant in the case. Ms. Merchant accuses the district attorney of hiring Mr. Wade after they became romantically involved, and notes that the pair took several vacations together that were paid for by Mr. Wade.But Mr. Wade says the romantic relationship began after he was hired. And according to Ms. Willis, they “roughly divided” the costs of the trips.Ms. Merchant said in a recent court filing that the pair had “personally enriched themselves off the case.” That enrichment, she wrote, “is a form of self-dealing, which creates a personal interest in the case. In other words, the more work that is done on the case (regardless of what justice calls for) the more they get paid.”That personal interest, she added, is “at odds with the district attorney’s obligation to seek justice.” Ms. Merchant and other defense lawyers have also argued that the situation violates various laws and the State Bar of Georgia’s rules of professional conduct.Some legal observers have rejected out of hand the idea that the relationship and Mr. Wade’s financing of the couple’s vacations amount to a conflict of interest under Georgia law. But the presiding judge in the matter, Scott McAfee of Fulton County Superior Court, has indicated that he thinks that it is at least possible that such a conflict exists, depending on what additional details emerge in Thursday’s hearing.“The state has admitted that a relationship existed,” Judge McAfee said earlier this week. “And so what remains to be proven is the existence and extent of any financial benefit — again, if there even was one.”He said that even “the appearance of” a conflict could lead to disqualification. More

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    Trump Co-Defendant Suggests Georgia Prosecutors Lied About Relationship Timing

    A lawyer for the co-defendant said she had a witness who could testify that the relationship began before Fani Willis, the Fulton County district attorney, hired Nathan Wade.A lawyer for one of former President Donald J. Trump’s co-defendants in the Georgia election case suggested on Friday that the two prosecutors leading the case had lied about when their romantic relationship started.The defense lawyer, Ashleigh Merchant, said that a witness she hoped to put on the stand could testify that the romantic relationship between Fani T. Willis, the Fulton County district attorney, and the special prosecutor managing the Trump case, Nathan J. Wade, had begun before Ms. Willis hired Mr. Wade.That would contradict Mr. Wade, who said in a recent affidavit that his relationship with Ms. Willis had not begun until 2022, after his hiring. The affidavit was attached to a court filing made by Ms. Willis.Ms. Merchant identified the witness as Terrence Bradley, a lawyer who once worked in Mr. Wade’s law firm and for a time served as Mr. Wade’s divorce lawyer. “Bradley has non-privileged, personal knowledge that the romantic relationship between Wade and Willis began prior to Willis being sworn as the district attorney for Fulton County, Georgia in 2021,” Ms. Merchant’s filing, which came late Friday afternoon, states.Ms. Merchant, on behalf of her client Michael Roman, a former Trump campaign official, is seeking to have Mr. Wade, Ms. Willis and Ms. Willis’s entire office disqualified from the Trump case. Ms. Merchant argues that the romantic relationship, as well as vacations the prosecutors took together that were paid for at least in part by Mr. Wade, amount to a conflict of interest.“It is evident that the district attorney and her personally appointed special prosecutor have enriched themselves off this case,” Ms. Merchant wrote.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? Log in.Want all of The Times? Subscribe. More

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    Fani Willis Faces Upheaval in Trump Georgia Inquiry

    Accusations involving her relationship with the lead prosecutor she hired are seen as unlikely to derail the case but could cause serious distractions.Nearly three years after she began investigating former President Donald J. Trump and his allies, Fani T. Willis is facing the biggest test of her handling of the landmark election interference case.Ms. Willis, the district attorney of Fulton County, Ga., was accused this week of being romantically involved with the lead prosecutor she hired for the Trump case, a turn of events that has invigorated Republicans and raised a flurry of questions about her conduct and judgment. The prosecutor, Nathan Wade, has reaped more than $650,000 in legal fees.While many legal experts doubt that the accusations — if true — will derail the case, they could present significant problems for Ms. Willis and create distractions around the case. The allegations have already created a firestorm on the political right, with Mr. Trump and his allies accusing her of violating a raft of county and state laws. They have even given pause to some Democrats.“If the allegations are true — and it’s a big if — it’s troubling,” Robb Pitts, a Democrat who is chair of the Fulton County Board of Commissioners, said in an interview this week. “To have this come up at this point in time, and at this point in this trial, can raise questions.”The allegations, which were lodged without supporting documents or named witnesses, surfaced in a court filing on Monday from a lawyer for Michael Roman, a former Trump campaign staff member who faces charges in the case along with Mr. Trump and 13 others.The filing suggested that the relationship was the reason Ms. Willis had chosen Mr. Wade, who had never led a high-profile criminal case and had largely worked as a suburban defense lawyer and municipal judge.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

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    Nathan Wade, Lawyer Tapped to Prosecute Trump in Georgia, Under Scrutiny

    Nathan Wade has stayed silent since a legal filing said he was chosen for the job because he was romantically involved with the Fulton County district attorney.Before he became the special prosecutor leading the Georgia election interference case against former President Donald J. Trump, Nathan Wade was working as a private defense lawyer and a judge for a municipal court in the Atlanta suburbs.Now, Mr. Wade is accused of being romantically involved with the district attorney who hired him in 2021, Fani T. Willis. A court filing this week suggested their relationship was the reason she chose Mr. Wade for the high-paying job.The filing, from a lawyer for one of Mr. Trump’s co-defendants, said that Ms. Willis and Mr. Wade had then used some of his earnings, which so far total more than $650,000, to vacation together in places including Napa Valley and the Caribbean.Mr. Wade was largely unknown when Ms. Willis selected him to lead one of the highest-profile prosecutions in American history.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

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    A Common Answer to Jan. 6 Panel Questions: The Fifth

    Transcripts released by the House Jan. 6 committee showed nearly two dozen witnesses invoking their right against self-incrimination, underscoring the hurdles to the investigation.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol released a batch of 34 transcripts on Wednesday that showed witnesses repeatedly stymying parts of the panel’s inquiry by invoking their Fifth Amendment right against self-incrimination.The conservative lawyer John Eastman, who advised former President Donald J. Trump on how to try to overturn the 2020 election, cited his Fifth Amendment right 155 times.The political operative Roger J. Stone Jr. did so in response to more than 70 questions, including ones regarding his communications with Mr. Trump and his role in the events of Jan. 6. The activist Charlie Kirk took a similar stance, citing the potential for self-incrimination in response to most of the committee’s questions, even about his age and education (he was willing to divulge the city in which he resides).Time and again, the panel ran into roadblocks as it tried to investigate the effort to overturn the election, the transcripts show.“Trump lawyers and supporters Jenna Ellis, John Eastman, Phil Waldron and Michael Flynn all invoked their Fifth Amendment privilege against self-incrimination when asked by the select committee what supposed proof they uncovered that the election was stolen,” the committee wrote in an executive summary of its final report. “Not a single witness — nor any combination of witnesses — provided the select committee with evidence demonstrating that fraud occurred on a scale even remotely close to changing the outcome in any state.”The transcripts released on Wednesday do shine some light on previously unknown aspects of the committee’s investigation. As part of their questioning, the committee’s lawyers referred to emails or text messages they had obtained through subpoenas, quoting aloud in hopes of eliciting more information from the recalcitrant witnesses.During the questioning of Mike Roman, director of Election Day operations for Mr. Trump’s campaign, a committee lawyer revealed communications that investigators said showed that Mr. Roman sent Gary Michael Brown, who served as the deputy director, to deliver documents to the Capitol related to a plan to put forward false slates of pro-Trump electors.Understand the Events on Jan. 6Timeline: On Jan. 6, 2021, 64 days after Election Day 2020, a mob of supporters of President Donald J. Trump raided the Capitol. Here is a close look at how the attack unfolded.A Day of Rage: Using thousands of videos and police radio communications, a Times investigation reconstructed in detail what happened — and why.Lost Lives: A bipartisan Senate report found that at least seven people died in connection with the attack.Jan. 6 Attendees: To many of those who attended the Trump rally but never breached the Capitol, that date wasn’t a dark day for the nation. It was a new start.After doing so, Mr. Brown sent a photo of himself wearing a suit and a mask with the U.S. Capitol over his shoulder. “Mission accomplished,” he wrote.Investigators also asked Kelli Ward, the chair of the Arizona Republican Party, who sued to try to block the committee’s subpoena, about a text she sent to a member of the Maricopa County board of supervisors that said: “We need you to stop the counting.”And investigators revealed how disputes broke out among organizers over the financing of the rally that preceded the violence on Jan. 6, including a payment of $60,000 to Kimberly Guilfoyle, the fiancée of Donald Trump Jr., for her brief speech.“You’re done for life with me because I won’t pay you a $60,000 speaking fee for an event you aren’t speaking at?” Caroline Wren, a Trump fund-raiser, wrote, as she implored Ms. Guilfoyle to call and thank Julie Jenkins Fancelli, an heir to the Publix supermarket fortune who had donated millions to put on the rally. “This poor woman has donated $1 million to Don’s Senate PAC and $3 million to this rally and you’ll can’t take five minutes out of your day to thank her. It’s so humiliating. And then you have the audacity to ask me why I won’t have her pay you $60,000?”The transcripts also show the combative stance some witnesses and their lawyers took during questioning. For instance, a lawyer for the white nationalist Nick Fuentes repeatedly challenged the committee’s investigators and accused them of grandstanding.“I will note the irony of an accusation of grandstanding in a deposition of Mr. Fuentes,” a lawyer for the committee shot back.Another time, Representative Jamie Raskin, Democrat of Maryland, asked Mr. Stone if he believed “coups are allowed in our constitutional system.”Mr. Stone replied: “I most definitely decline to respond to your question.”The release of the transcripts came a day ahead of the committee’s planned release of its more than 800-page final report, likely the final act of an 18-month investigation during which the lawmakers interviewed more than 1,000 witnesses.Hundreds more transcripts are expected to be released before the end of the year, including those in which witnesses provided extensive testimony used by the committee in reaching its decision to make criminal referrals to the Justice Department for Mr. Trump, Mr. Eastman and others involved in the effort to keep Mr. Trump in power after his 2020 election loss.In an attempt to rebut the committee’s final report, five House Republicans led by Representative Jim Banks of Indiana released their own report into the attack on the Capitol. That 141-page document criticizes law enforcement failures, accuses Speaker Nancy Pelosi and her senior team of bungling Capitol security and tries to recast Mr. Trump’s role in the events of Jan. 6 as a voice for peace and calm.“Leadership and law enforcement failures within the U.S. Capitol left the complex vulnerable on Jan. 6, 2021,” the Republican report stated. “The Democrat-led investigation in the House of Representatives, however, has disregarded those institutional failings that exposed the Capitol to violence that day.”A bipartisan Senate report last year also detailed Capitol security failures but did not find any blame in the actions of Ms. Pelosi or her staff, who fled from a mob of Trump supporters chanting her name as the speaker tried to get the National Guard to respond to the violence.The Senate report found top federal intelligence agencies failed to adequately warn law enforcement officials before the Jan. 6 riot that pro-Trump extremists were threatening violence, including plans to “storm the Capitol,” infiltrate its tunnel system and “bring guns.”An F.B.I. memo on Jan. 5 warning of people traveling to Washington for “war” at the Capitol never made its way to top law enforcement officials.The Capitol Police failed to widely circulate information its own intelligence unit had collected as early as mid-December about the threat of violence on Jan. 6, including a report that said right-wing extremist groups and supporters of Mr. Trump had been posting online and in far-right chat groups about gathering at the Capitol, armed with weapons, to pressure lawmakers to overturn his election loss.A spokesman for the House Jan. 6 committee declined to comment.Catie Edmondson More