Fani Willis (center) and Nathan Wade (right)
Can Georgia prosecutors Fani Willis and Nathan Wade clean up the mess they have made and salvage the criminal RICO case against Donald Trump and 18 codefendants? Longtime Alabama attorney Donald Watkins -- who is highly knowledgeable on a wide range of legal subjects (especially criminal defense,civil rights, and business), along with technical issues raised by the Willis-Wade botch job -- says the answer is yes. And he even provides a roadmap for how to salvage the Trump prosecution, which probably is the most rock-solid criminal case facing the ex-president and the most difficult one for him and other defendants to overcome.
Watkins is one of the most distinguished lawyers in the Southeast, with a record of achievement that has made national news on several occasions, so when he says the Trump prosecution can be saved -- in one of the most important cases in modern U.S. history -- we suggest the public pay attention. In a post today, under the headline, "Nathan J. Wade Needs to Revise and Resubmit His Invoices to the Fulton County District Attorney’s Office, Immediately," Watkins writes:
A review of Fulton County Special Prosecutor Nathan J Wade’s invoices to Fani T. Willis evidence a pattern and practice of “padding” his invoices to a public-entity client – Fulton County, Georgia.
I have testified as an expert witness on the reasonableness of attorney’s-fee petitions in state and federal courts, both as to the rate charged by the petitioning attorney and the number of hours billed.
The most experienced litigation attorneys are entitled to highest billing rates per hour in a particular case. There are court recognized factors that objectively assess the appropriate hourly rate, based upon the lawyer’s objectively measured experience in the case at issue.
Assuming that the objectively measured factors justify a $250 per hour rate for Nathan J. Wade, which they do not, the most troubling entry on his invoices relates to Wade’s claim that he performed work for 24 hours on November 5, 2021. This entry is highly improbable on its face. (To view invoice, please click on this link.)
Wade included other time entries that are just as improbable when scrutinized by professionals who have expertise in attorneys’ billings and billing rates.
Wade’s invoices will not likely withstand heightened scrutiny by independent auditors who specialize in attorney's-fee matters.
The Wade invoices also present a problem for Fani Willis, Watkins reports:
Fani Willis personally signed the District Attorney office's contracts with Wade and approved the payments made to Wade. If they were secret lovers when Wade's invoices were approved for payment, this would be a huge problem for Willis and Wade.
Does that mean Donald Trump case is swirling down the drain? Not yet, Watkins states -- and he essentially gives Wade and Willis advice on how to possibly extricate themselves from an "implosion"" of their own making. They almost certainly would be wise to follow this advice. Writes Watkins:
It would be in the best interest of both Willis and Wade for Wade to: (a) invest in hourly billing software, (b) promptly revise all of his invoices and supporting documentation using this software, and (c) promptly resubmit his revised invoices to the District Attorney's office.
Wade should promptly issue the Fulton County Treasurer a financial credit for the “padded” items on his past invoices against future unpaid invoices.
A Fulton County financial official other than Fani T. Willis needs to review Wade’s resubmitted invoices and supporting documentation and resolve this matter.
Finally, Nathan J. Wade should promptly resign his post as special prosecutor. Unfortunately, Wade's personal affairs and marital conduct have now become the focus of the Donald Trump RICO case.
This situation is what I call a "self-inflicted wound."
