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Several legal experts have said Fulton County DA Fani Willis could face perjury charges regarding her testimony about her relationship with special prosecutor Nathan Wade.
Willis testified they only started dating after Trump’s indictment, but Trump’s lawyers claim phone records show otherwise.
If proven, Georgia AG Chris Carr, a Republican, could potentially charge Willis, a Democrat.
Trump’s team wants to shift focus from disqualification to potential perjury by Willis.
However, legal experts say Willis’ investigation was meritorious and began long before Wade was hired, rebutting claims she pursued it for financial gain.
Eric Anderson, an attorney at Early Sullivan Wright Gizer & McRae, said, “Given the political climate, I would not be completely surprised if the attorney general, a Republican, acts. Attorney General Carr has shown a willingness to take on elected officials in criminal proceedings before.”
He warned, “When it comes to politics, anything is possible. Unless the alleged perjury is about a fact material to the matter at hand, perjury charges are not likely for a regular witness.”
Stephen Gillers, a law professor at New York University, suggested Trump’s lawyers are seeking “to shift the question before the court from disqualification to perjury.”
Gillers added, “The judge should focus on the real disqualification question here. Is there any basis to find that Willis chose to pursue the case to generate income for Wade, which he would then use to take her on luxury trips?”
“The answer is no. Willis started her investigation in February 2021 and did not hire Wade, who was not her first choice, until nine months later. She got an indictment and four guilty pleas,” Gillers continued.
He concluded, “Her successes so far rebut any suggestion that she brought or continued the case to generate fees for Wade. To the contrary, her successes so far tell us she did so because in fact it is a meritorious case.”
Syracuse University law professor, Greg Germain, said, “Willis could certainly be charged with perjury if a prosecutor can prove that Willis knowingly lied under oath. The matter would have to be referred to a prosecutor, presumably from another DA office, or state or federal prosecutor, to bring the charges. It is not common for people to be charged with perjury for lying under oath about a personal relationship, but it certainly has happened in high-profile cases, like Bill Clinton and Monica Lewinski. So yes, a perjury prosecution is possible.”
To decide if Willis has a conflict, the judge is holding hearings.
Trump’s lawyers argue phone records show Wade was staying at Willis’ home before the case, demonstrating a prior relationship.
The former president’s lawyers want Willis recused.
A decision is pending on whether Willis can continue leading the election interference prosecution against Trump.
