Former Atlanta prosecutor says he expects Trump to be tried in Georgia even if he wins the White House

CNN
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Former special prosecutor Nathan Wade said he believed Donald Trump would ‘absolutely’ be tried in Georgia in the 2020 election subversion case — even if he won a second term and was in the House by then White.

Wade resigned from the case in March following allegations of an inappropriate romantic relationship with Fulton County Prosecutor Fani Willis, but said in an exclusive interview on CNN’s “The Source” that he remained close friends with She.

The question of whether a sitting U.S. president can be forced to stand trial on state-level criminal charges has never been debated. Wade said in the interview Wednesday that he expects prosecutors and defense attorneys to face this unprecedented scenario if Trump wins the 2024 election.

Asked if Trump could be tried in the Peach State during a second term, Wade responded, “I believe he can.” »

“I don’t think it…it looks good to the rest of the world. But I certainly don’t think there’s anything that can stop that from happening,” Wade said.

He added: “If he wins the election, then there will certainly be lawyers who will be responsible for solving this problem and getting around it. »

Wade’s interview comes as the Georgia Court of Appeals stayed the election subversion conspiracy case against Trump and his co-defendants until a panel of judges decides whether Willis should be removed from the case . Trump, who is seeking to delay legal issues until at least 2025, has argued that her affair with Wade should also disqualify her.

The court’s recent decision to stay the case is the latest indication that a trial will not take place before the November presidential election. The appeals court is expected to rule on the disqualification issue by March 2025, although it could issue its decision sooner.

Willis, in a new filing Wednesday, asked the state appeals court to deny an appeal of trial Judge Scott McAfee’s initial order due to a “lack of sufficient evidence.”

“With the case now on the docket, the State of Georgia, through Atlanta Judicial Circuit Attorney Fani T. Willis, requests that the appeal be dismissed as improvidently granted due to lack of sufficient evidence, based on the express factual findings of the trial court, to support vacating the order at issue,” the prosecutor’s office filing states.

Steve Sadow, Trump’s lead defense attorney in Georgia, called Willis’ motion to dismiss the appeal a “last-ditch effort.”

On Wednesday, Wade pushed back against criticism that his relationship with Willis was to blame for the delay in Trump’s trial.

“I don’t believe my actions played a role at all,” he told CNN. “I believe the indictment. I certainly would never have done anything that could have jeopardized this job. I think the timing of the personal relationship I had was bad.

“These prosecutions have nothing to do with voters and their opinions on whether this indictment is appropriate or not. It has everything to do with the rule of law,” he added.

Trial Court Judge Scott McAfee previously ruled that Willis could stay on the case if Wade stepped down, leading to his resignation.

The judge’s decision came after holding several days of testimony and evidence on defense attorneys’ claims that Wade and Willis engaged in an inappropriate relationship, which they say financially benefited the district attorney .

McAfee, in his ruling, noted that “Georgia law does not permit a finding of an actual conflict simply by making poor choices – even repeatedly.”

Still, the judge wrote in his ruling that a “smell of lies persists” about the circumstances of their relationship and that Willis or Wade should leave the case.

Wade announced his resignation shortly after the decision.

This story has been updated with additional reporting.