Miami Herald (Sunday)

Cellphone data contradict testimony about relationsh­ip by Trump prosecutor, Atlanta DA

- BY KATE BRUMBACK

A NEW FILING PROMPTS FRESH QUESTIONS ABOUT THE TIMELINE OF THE ROMANTIC RELATIONSH­IP BETWEEN FULTON COUNTY DISTRICT ATTORNEY FANI WILLIS AND NATHAN WADE, WHO SHE APPOINTED IN

THE GEORGIA ELECTION INTERFEREN­CE CASE AGAINST FORMER PRESIDENT DONALD TRUMP.

A court filing Friday uses cellphone location data to try to raise questions about the testimony given by a special prosecutor in the Georgia election interferen­ce case against former President Donald Trump who had a romantic relationsh­ip with Fulton County District Attorney Fani Willis.

The analysis of cellphone location data filed by Trump’s attorneys shows prosecutor Nathan Wade had visited the neighborho­od south of Atlanta where Willis lived at least 35 times during the first 11 months of

2021, an investigat­or said. Wade had testified that he had been to the condo where Willis lived fewer than 10 times before he was hired as special prosecutor in November 2021.

The new filing prompts fresh questions about the timeline of the relationsh­ip between Willis and Wade as Trump and other defendants, who are accused of illegally trying to overturn the 2020 election in Georgia, have argued that both prosecutor­s should be removed from the case because their romantic relationsh­ip created a conflict of interest.

In a response filed with the court late Friday, Willis’ team said Trump’s lawyers are trying to introduce inadmissib­le evidence and that even if the judge were to consider it, “the phone records simply do not prove anything

relevant.”

The investigat­or, Charles Mittelstad­t, wrote that the data show that Wade visited the area in Hapeville where Willis lived at least 35 times during the first 11 months of 2021. Wade had testified during a hearing last week that he had visited the Hapeville condo where Willis was living fewer than 10 times before he was hired as special prosecutor on Nov. 1, 2021.

“So if phone records were to reflect that you were making phone calls from the same location as the condo before Nov. 1, 2021, and it was on multiple occasions, the phone records would be wrong?” Trump attorney Steve Sadow asked Wade during the hearing.

“If phone records reflected that, yes, sir,” Wade responded.

“They’d be wrong?” Sadow asked.

“They’d be wrong,” Wade responded.

Wade also testified last

week that he had never spent the night at the condo where Willis was living, and Willis confirmed that. The investigat­or’s statement says that on two occasions — one in mid-September 2021 and one in late November

2021 — the data show that Wade’s phone appears to have arrived in the area where Willis lived late at night and remained there until early morning.

In their filing, Willis’ team said the records “do nothing more than demonstrat­e that Special Prosecutor Wade’s telephone was located somewhere within a densely populated multiple-mile radius where various residences, restaurant­s, bars, nightclubs, and other businesses are located.”

They do not prove the content of communicat­ions between Willis and Wade or that Wade was ever at any particular location, the filing says. They also don’t prove that Wade and Willis were ever in the same place at any of the times listed, including during times when Willis was known to be elsewhere, it says.

A motion filed by

Trump co-defendant Michael Roman alleges that Willis paid Wade large sums of money for his work and then benefited personally when he then used some of that money to pay for vacations. During a hearing last week, a former Willis friend and employee testified that she saw the two kissing and hugging before Wade’s hiring.

Fulton County Superior Court Judge Scott McAfee held a two-day evidentiar­y hearing last week on motions by Roman and others to disqualify Willis and her office from the case. He has scheduled arguments on the matter for March 1.

Willis and Wade both testified during last week’s hearing that they did not begin dating until early 2022, after Wade had already been hired as special prosecutor. They also both said that they shared travel expenses and that Willis reimbursed Wade in cash for money he spent on trips.

Mittelstad­t wrote that he used a tool called CellHawk to analyze the data received from Wade’s cellphone carrier. He said he focused on geolocatio­n activity near the address of the condo where Willis had been living by creating a “very conservati­ve geofence, which isolated the two cell towers in closest proximity to this address.”

He said the geofence was used to conduct an assessment of whether Wade’s phone had ever connected to those two towers and to eliminate any hits that could have happened during routine travel on nearby interstate­s. He wrote that the report included only occasions when the phone was connected for an extended period.

Mittelstad­t’s statement also says that the analysis revealed more than 2,000 voice calls and just under 12,000 interactio­ns between Willis and Wade during the first 11 months of 2021, with “a prevalence of calls made in the evening hours.”

 ?? HYOSUB SHIN Atlanta Journal-Constituti­on file, 2022 ?? Fulton County District Attorney Fani Willis hired Nathan Wade, right, as lead prosecutor in the election case against former President Donald Trump.
HYOSUB SHIN Atlanta Journal-Constituti­on file, 2022 Fulton County District Attorney Fani Willis hired Nathan Wade, right, as lead prosecutor in the election case against former President Donald Trump.

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