Fani Willis and Nathan Wade subpoenaed as Trump codefendant moves to kick them off case

Fulton County District Attorney Fani Willis and special prosecutor Nathan Wade have been subpoenaed to testify at a hearing to determine whether they can proceed with the prosecution of Donald Trump and 14 co-defendants.

While representing co-defendant Mike Roman, Ashleigh Merchant's law firm brought a lawsuit claiming Willis' office had deliberately violated the Open Records Act by refusing to turn over documents related to a Feb. 15 hearing. The district attorney's office said that it complied with state law.

Fulton County Superior Court Judge Scott McAfee set the Feb. 15 hearing after Merchant filed a motion demanding Willis and Wade be disqualified from prosecuting the case because they allegedly had an affair.

ALSO READ: It’s time Biden sends Trump to Gitmo

McAfee directed Willis to respond to the allegations by Friday.

"Mr. Roman believes that Willis' use of money budgeted to (the DA's office) is of utmost importance in evaluating whether Willis and Wade have an irreparable and fatal conflict of interest and whether, and to what extent, Willis has otherwise used public monies for personal gain," Merchant said in Tuesday's lawsuit demanding records.

The Atlanta Journal-Constitutionsuggested Willis may seek to quash the subpoena.