Judge unseals Fulton County prosecutor's divorce case, Fani Willis deposition delayed

 A judge on Monday ordered court records of the divorce proceedings of a special prosecutor, Nathan Wade, who is handling the Georgia election interference case against former President Donald Trump, be made public and delayed the decision on whether Fulton County District Attorney Fani Willis will be deposed. 

Cobb County, Georgia Superior Court Judge Henry Thompson ruled that he was vacating a previous order that kept records of the divorce proceedings sealed. That is what attorney Ashleigh Merchant, who represents former Trump campaign staffer and onetime White House aide Michael Roman, had asked the court to do. 

"I find that the prior order, although it was by consent parties, was not properly entered because uniform's superior court rules require a hearing to be had. We can find no evidence that any such hearing was ever had so I'm going to grant the motion, vacating the consent order sealing the record. And I'll do that today. I have your written order," Thompson said. The judge then said Merchant could be dismissed from the hearing. 

Thompson later addressed Cinque Axam, a lawyer for Willis, saying the court would not yet decide on whether the Fulton County DA will be deposed. Willis' deposition was originally set for Tuesday, but the judge said he first wants to hear from Nathan Wade on allegations of an extramarital affair directly during an evidentiary hearing in the divorce case set for Jan. 31.

It seems to me that Mr. Wade would be the first and best source of information on what his income has been and how he's been spending it. And that he would have firsthand knowledge of whether he's engaged in an extramarital affair," Thompson said. "Only after I hear what Mr. Wade has to say, do I think I can make a determination of whether the proposed deponent has any unique knowledge about these issues, because once again, this is a math problem, and we need to find a solution to." 

"So with all that being said, I'm not prepared. Mr. Axam, to grant your protective order. But since the deposition is set for tomorrow and our first evidentiary hearing is set for the 31st, I will issue a stay," the judge continued. "And I will stay the deposition until I'm in a better position to make a determination of whether the proposed deponent would have any unique knowledge, unique being the key word there, that is not possessed by Mr. Wade himself."