Former special prosecutor Nathan Wade could face contempt of Congress charge after dodging subpoena

By 
 October 1, 2024

Nathan Wade, a former special prosecutor in Georgia hired by Fulton County District Attorney Fani Willis -- and with whom he was previously romantically involved -- may soon be facing potential criminal trouble with the federal government's legislative branch.

Wade could face a contempt of Congress charge for attempting to dodge a congressional subpoena to appear and testify at a committee hearing about his prior involvement in Willis' prosecution of former President Donald Trump, according to Newsweek.

The attorney for Marietta allegedly avoided being served with the subpoena for several days and subsequently skipped the House Judiciary Committee hearing he was supposed to appear for.

Finally served after initially dodging subpoena

The Atlanta Journal-Constitution reported last week that former special prosecutor Wade was finally served with a subpoena from the House Judiciary Committee after he was unable to be located for several days, which the committee found to be "extremely unusual."

The Republican-led committee reportedly took the atypical step of dispatching U.S. Marshals to track Wade down so he could be served but he resurfaced and contacted the committee to accept the subpoena before the federal agents located him.

Members of the committee intend to query Wade about his former role in the "politically motivated prosecution" of former President Trump, his prior admitted romantic relationship with DA Willis, and his taxpayer-funded salary while working on the sensitive case.

After he was finally served with the subpoena, an attorney for Wade said the lawyer had "nothing that is of interest" to say to the committee and the subpoena itself that he allegedly dodged for several days was little more than "political theater" by committee Republicans.

Wade a no-show at the subpoenaed hearing

The Washington Examiner reported that the House Judiciary Committee subpoena for Wade was issued on September 20 and required him to appear for a deposition on September 27, but he was unable to be found to receive that subpoena.

Per the Examiner's sources, Wade finally turned up and accepted the subpoena -- after the U.S. Marshals Service was sent looking for him but before they found him -- on the same day that he was supposed to testify.

Since he did not receive the subpoena until the day of the hearing, he obviously did not show up, and while it remains unclear how the committee will proceed with that failure to appear, it is possible that Wade could be charged with and held in contempt of Congress for initially avoiding and then blowing off the lawful summons to testify in person.

Committee has wanted to talk to Wade since at least March

If the House Judiciary Committee is considering a contempt charge for Wade, it would not be the first time such a move was contemplated by its members, as local Fox affiliate WAGA reported in March that committee Republicans threatened to hold DA Willis in contempt of Congress for her own refusal to comply with a subpoena for documents and testimony about the racketeering case against former President Trump.

Around the same time, the committee expressed its desire to question Wade about the case, his previously undisclosed relationship with Willis, whether his salary was derived from mismanaged federal grant funds, and whether the Fulton County office colluded and coordinated its case against Trump with other federal prosecutors who were going after the former president.

The committee noted in a May press release that it had asked Wade to voluntarily appear and provide testimony in a closed-door deposition, but it seems apparent by the latest developments that no such voluntary deposition ever occurred.

It will be interesting to see if the Judiciary Committee moves to hold Wade in contempt, if the full House with its slim GOP majority votes to approve the contempt charge, and if the Democrat-controlled and highly politicized Justice Department actually follows through and prosecutes Wade over the potential contempt charge -- which seems unlikely.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson