Lawyers representing the Fulton County district attorney’s office refute allegations from former President Donald Trump and his co-defendants regarding cellphone data suggesting a pre-existing relationship between Fulton County District Attorney Fani Willis and her top prosecutor in the Georgia election subversion case.
In a court filing, they assert that the cited phone records fail to provide relevant proof and should not influence the decision on whether Willis should be disqualified.
The prosecutors argue that the phone records merely indicate the location of Special Prosecutor Wade’s phone within a densely populated area and do not reveal the content of communications between Wade and Willis.
They emphasize that there is no evidence placing them together at specific times. Additionally, they question the legality of obtaining cellphone data without a search warrant.
Trump’s attorney alleges that Wade made numerous visits, including late-night ones, to the area where Willis resided before they claim their relationship began. However, Willis and Wade both testified that their romantic involvement commenced in early 2022 after Wade was appointed special prosecutor.
The filing from Trump’s team includes an affidavit from a criminal defense investigator, Charles Mittelstadt, who analyzed cell phone information from Wade and cell tower data.
Mittelstadt’s report indicates numerous interactions between Wade and Willis over an 11-month period in 2021, with Wade’s phone detected near Willis’ residence on multiple occasions.
The affidavit notes instances where Wade’s phone was in close proximity to Willis’ condo, particularly in September and November 2021. However, Wade denies staying overnight at the condo before his appointment in November 2021.
The investigator acknowledges limitations in pinpointing exact locations and suggests various reasons for Wade’s presence in the area.
The court battle over whether Willis’s office should be disqualified is set to resume, with a hearing scheduled for March 1. Fulton County Superior Court Judge Scott McAfee also orders a review of potentially privileged communications regarding Wade and Willis’s relationship.
