Jan. 31 (UPI) -- In a bid from a Donald Trump co-defendant to disqualify prosecutors from the Georgia election racketeering case, Fulton County District Attorney Fani Willis and special prosecutor Nathan Wade have been subpoenaed.
Fulton Superior Court Judge Scott McAfee has directed Willis to respond to the subpoena by Friday.
The subpoena attempts to force their testimony in a Feb. 15 hearing to hear disqualifying motions.
It came in lawsuit filed Tuesday by attorney Ashleigh Merchant, who represents defendant Michael Roman.
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Merchant is accusing Willis of improperly hiring Wade to work on the Trump prosecution, alleging the two are romantically linked and claiming they financially benefitted from their relationship.
Merchant also says in the lawsuit that Willis' office is allegedly refusing to provide requested materials that are needed for Roman's defense.
Willis spokesperson Jeff DiSantis said in a statement to NBC News that Willis has provided "Merchant with the information she is entitled to and an update on the status of the others, in compliance with the law."
Wade is in a divorce proceeding and he had been scheduled to testify in that hearing Wednesday, but reached a temporary settlement with his wife that stopped the testimony.
A Georgia state judge ruled Jan. 22 that Willis does not have to immediately sit for a deposition in Wade's divorce case.
Willis has charged Trump and 14 co-defendants with a conspiracy to illegally overturn the 2020 presidential election. She is using the state RICO statute to charge that a conspiracy took place with the goal being to overturn Trump's loss.
Trump co-defendants Sidney Powell, Scott Hall, Kenneth Chesebro and Jenna Ellis already have pleaded guilty, admitting to the conspiracy and their roles in it.
