Below is my column in The Messenger on the unfolding Fani Willis scandal in Georgia. The court has indicated that it may hold hearings on the controversy in early February. That could present a possible delay if the court believes that a change in prosecutors (or even a change in venue) is needed in the interests of justice. In my view, Willis made a strategic mistake in attacking the estranged wife of her alleged lover in a filing this week, alleging that she is both an adulterer and a political conspirator.
Here is the column:
Chris Christie once said that Donald Trump is often portrayed by legal counsel as “the unluckiest S.O.B. in the world.” Perhaps, but when it comes to his enemies, Trump sometimes seems to find advantages despite his worst efforts.
Many of us have criticized Trump for his personal attacks on Fulton County District Attorney Fani Willis as being racist and unethical; he even accused her of having an affair with a gang member, a claim that was widely contested as unfounded and denied by key figures.
This month, however, Willis has seemingly imploded with an ethical scandal which, unlike Trump’s prior claims, appears perhaps to be more well-founded, as it appears in an official court filing. It involves reports of an intimate relationship with Nathan Wade, appointed by Willis as lead prosecutor in the Trump case. While a recusal or removal of Willis may delay the case, it will not end the legal threat for Trump.
Willis is accused of having a romantic relationship with Wade when she appointed him in this historic prosecution of a former president. Wade has no experience in racketeering law, yet he reportedly was paid more than an expert on Racketeer Influenced and Corrupt Organizations (RICO) cases.
Willis and Wade allegedly went on lavish vacations together, and the costs allegedly were covered by Wade, who has received nearly $654,000 in legal fees since January 2022 — approved, ultimately, by Willis.
Wade has presented himself as the “only individual in the DA’s office who had authority to enter into agreements pertaining to the investigation.”
Wade also has been held in contempt in his messy divorce.
The Georgia courts have established that a district attorney should be disqualified when there is a personal interest in the defendant’s conviction (Whitworth v. State, 275 Ga. App. 790, 793, 622 S.E.2d 21 [2005]). In this instance, Willis has staked much of her career on this case and appointed a prosecutor who’s alleged to be romantically involved with her; likewise, if the allegations are true, Willis may have an interest in furthering Wade’s career and benefits. Of course, Trump, the other defendants, and the public are entitled to disinterested prosecutors in this major case.
Moreover, the Fulton County Code of Laws § 2-66 bars conflicts of interest “in fact and in appearance.” It expressly states that no “officer or employee shall, by his or her conduct, give reasonable basis for the impression that any person can improperly influence him or her, or unduly enjoy his or her favor, in the performance of any official acts or actions.” These provisions are in addition to prohibitions on the receipt of gifts due to one’s office, such as possibly receiving alleged lavish vacations paid for by your subordinate.
These are just some of the grounds supporting a motion by Michael Roman, one of the defendants in the massive racketeering case brought by Willis.
If these allegations are true, Willis is not just outside of the ethical navigational beacons. She is off the map.
Notably, Willis decided to respond to these serious allegations after days of criticism by speaking before the Bethel AME Church in Atlanta. She did not deny having an intimate relationship with Wade. Instead, she claimed that the criticism was due to their race. After all, she noted, her critics are not questioning the two white people she appointed. However, she failed to mention the salient fact — that she was not allegedly involved romantically with the other two prosecutors.
“They only attacked one,” she proclaimed. “First thing they say, ‘Oh, she’s gonna play the race card now.’
Well, not just the first thing. It will probably be the last thing “they” say, too.
This effort to spin an allegedly unethical relationship as a racist attack is itself a disgrace. Willis, the highest-ranking prosecutor in her jurisdiction, certainly can defend her hiring of Wade — but she should not trigger racial tensions to shield herself from scrutiny.
All of this leads to an inescapable conclusion: Both Willis and Wade should recuse themselves from the case. Their continuation in the case undermines the prosecution and is clearly not in the public interest.
A less obvious question is how their recusal could impact the Trump prosecution. Some analysts suggest the scandal removes the threat to him in Fulton County. That, however, is not likely to be true.
The remedy in this instance for any unethical conduct, if proven, may be the removal of the prosecutors, not the dismissal of an otherwise valid criminal case. While I have been critical of Willis’ case against Trump, her conduct does not change the underlying allegations against the former president.
The removal of Willis and Wade could also prompt the transfer of the case to a different jurisdiction.
Any of these changes could take time, of course, and the delay would play to Trump’s advantage. Yet, the case still would go on.
The most intriguing question is whether a new prosecutor would continue to support this controversial RICO case. Every prosecutor is under a personal obligation to determine whether there is an ethical basis to prosecute. Some prosecutors would likely balk at the tenuous connections used to sweep Trump into this grand conspiracy theory, which many critics believe Willis has pursued for political purposes.
Thus, an outside prosecutor might not share her priorities for prosecution. The Georgia case has a number of credible criminal charges against various defendants. The question is whether there would be the same overriding interest in bagging Trump under this novel alleged criminal enterprise.
Willis once reminded her staff that “this is business, it will never be personal.” The problem is that the current scandal suggests it may have been a bit too much of a personal business when it came to appointing her lead prosecutor. The best way to protect this prosecution — and the office — is for her to step aside and allow justice to take its course — without Willis or Wade.
Jonathan Turley, an attorney, constitutional law scholar and legal analyst, is the Shapiro Chair for Public Interest Law at The George Washington University Law School.
I disagree with Turley regarding the impact of this.
First if these allegations are false – even though Trump did not make them, and may have nothing to do with them – Trump is in deep trouble.
That is why Trump’s atrtorney’s have not committed to this challenge.
Though as I said – it does not matter whether they are committed.
If these allegations are false – Willis will come out of this with massive moral authority and Trump’s moral authority will have been eviscerated.
It will not matter whether Willis convicts Trump, the damage to Trump those on the left have sought will be accomplished.
The above is not about facts, it is about moral perceptions. When a moral claim is made against someone and it fails – that person comes out much stronger and their detractors are much weaker.
This is a part of why Trump has grown stronger from all the attacks on him
The good news for Trump is the above increasingly seems highly unlikely.
Willis and Wade are not acting innocent. They are playing victim cards and race cards. They are not denying anything.
Further the attorney who made these allegations would be in very very serious trouble if they are not substantially true.
The odds of these claims being false are very very small.
Just as Willis become a moral giant if the claims are false.
The opposite occurs if they are true.
Yes, Technically other prosecutors can take over this case – and maybe that happens. Though honestly I expect when these allegations are proven true this case dies.
The left has only been able to find a few prosecutors like James, Bragg and Willis willing to stretch the law this far and engage in this type of lawfare. Just as the left is trying to subject Trump to intense personal scrutiny, you RIGHTFULLY get subject to the same scrutiny if you go after Trump.
As the bible says – let he who is without sin cast the first stone.
I would note that not only will these allegations likely case the slow collapse of the GA case, the fallout will effect every other Trump case.
Just as Trump would pay if these allegations are false even though they are not his allegations or those of his lawyers.
Bragg, James, and Smith will also pay if Willis proves corrupt.
This is all guilt by association, but none of these cases have ever been about the law.
If Willis proves corrupt, then Trump’s claims of a political witch hunt – which already ring true for most of us, will be even more credible.
Sorry Turley, I have to disagree with you.
Ok, you are correct that in theory, the loss of the prosecution, her office means that they could restart this case.
However the reality is a bit different.
First, the case is purely political and there were ties between Willis and her trips to DC and the WH.
Second, there is more and more evidence of ‘issues’ (being polite) with the 2020 election in GA.
If as the smart money predicts, Willis is gone and her office is conflicted out… then you have to consider who will step up?
Will the GA AG have the desire to go back into court?
If Trump wins… then its dead. Even if he doesn’t… it makes no sense to waste the political juice since Trump would be out of politics due to his age.
So no, if Willis is gone, the case will effectively die.
-G
It is near time to get past “if” or alleged.
Wade is divocring a wife of 24 years and he appears to be doing so in the worst possible way. He is in contempt in divorce court.
He is hiding money in the divorce and actively trying to leverage money to prevent his wife from challenging him.
The surprise is that this did not get out sooner.
What is surprising is that neither Willis nor Wade wee intelligent enough to grasp that this would focus a spot light on them.
A smart person does not start one of the highest profile cases in US history without being certaint hat their own conduct is beyond reproach in ever possible way.
Willis could have paid her own way on her vactions with Wade.
She could have recomended wade while letting others approve him.
She could have been wise enough to keep him off cases with her.
While the right choice would have been to not do all these immoral things.
There were numerous ways to mitigate the harm when this came out which it is certain.
The problem is NOT Willis’s romantic relationship[ with Wade – though starting a relationship with a married man is not going to play well.
The problem is that Willis is a public official – one with
a considerable amount of public power. She can not weild that power to benefit a paramour, She can not do so to benefit herself personally.
Those moral and ethical and legal failures were avoidable.
While Turley is right, he is too narrowly foccused.
Willis and Wade are not in danger of being recused from this case. That would be true if they were simply lovers.
They are in danger of being removed from office and of being criminally prosecuted.
Criminal cases rarely survive the criminal prosecution of a prosecutor, judge or law enforcement.
Political cases are even more undermined by being caught in immoral conduct.
Gumby: I find it especially laughable when a Trumpster like you wants to talk about “reality”. It is “reality” that Trump lost in 2016. All investigations and recounts prove this to be true. It is “reality” that Trump tried to bully Brad Raffensberger to “find” him enough votes to award GA’s electoral votes to him, which is a crime. It is “reality” that Turmp got fake electors to falsify Electoral College documents claiming he won when he didn’t–these are felonies. Is the top law officer for the state supposed to ignore these crimes? There’s no proof of any wrongdoing by Willis, or any collusion with or direction by the Biden Administration. How is Trump going to “win” this case anyway? The evidence is overwhelming. Raffensberger had the presence of mind to tape Trump because he knew Trump would deny that he tried to bully him into falsifying election records. Willlis is not likely to go anywhere, despite what the pundits on your alt-right media outlets say, but if she does, they would just appoint a special prosecutor. Sorry, but your fat orange hero isn’t going to get off this easy.
Gigi,
you do understand you are contradicting yourself ?
Trump lost the popular vote in 2016 and 2020.
The lions beat the Rams 24-23.
The rams may have had more yards rushing, or more time witht he ball, or more turnovers, or more passing yards.
But the winner is determined by points scored.
The rams and the lions seek to get the most turnovers, the most passing yards, the most rushing yards, the most time with the ball,
because these are FACTORS that often contribute to scoring the most points.
There was no consequential fraud by Republicans in 2016 and Trump won the election.
The importance of electors is self evident by Hillaries efforts to get electors to change their votes.
You are free to spin Trump’s conversations with Raffensberger as bullying if that warms your cockles.
But Trump had no authority over Raffensberger and did not threaten to use force.
The courts more than a century ago established that it was legitimate to challenge allegations of election fraud with slates of alternate electors.
You are free to not like that. The house and Senate are likewise free to choose between those appointed by the Secretary of State and those appointed by the legislature. If anything the constitution suggests those appointed by the legislature are more legitimate.
You are also free as Trump and thousands of others did to petition government – in Washington, at the capitol to accept opne set of electors over another or to reject the election entirely or to direct the states to do an actual recount, or to send in the national guard to do so.
Protestors can not make congress chose one option over the other.
But they are fre to ask, to demand, to pund their fists.
The appointement of electors is determined by the candidate in the state that got the most valid votes.
So who decides who got the most valid votes ? Normally that is not a problem and even though invalid votes are actually commonplace, it is uncommon for invalid votes to change the outcome of an election. But it has happened.
It is quite reasonable for people to beleive that in a lawlessly conducted election where the allegedly winning party engaged in all kinds of unethical but legal, as well as illegal tactics that they may have done more.
Regardless, 2020 was unarguably a rigged election.
You have LOST that argument.
I doubt that DVS counted ballots to favor biden – despite their public claims that they would make sure Trump lost.
But we do not know that did not occur – because we have done little to verify that. In examinations in Windham, Antrim and Maricope counties while no DVS malfeasance was found it was readily evident that computerized voting machines and tabulators were poorly managed, poorly tested, and insecure.
Democrats have admitted a huge ballot harvesting campaign – ballot harvesting is illegal in 49 states.
2020 was just more of Democrats efforts to normalize election fraud.
38 states have constitutional amendments requiring secet ballots – mailin balloting violates the state constitutions and is prone to myriads of forms of fraud and improper influence.
You rant that Trump allegedly improperly “bullied” Trump.
Yet you are fine wiht ballots in the home – where your husband, your wife, your parents, your children your neighbors or election workers can coerce or induce – Bully voters. Bullying election officials does not change votes.
Actual bullying voters does.
Once again you are ignoring and normalizing fraud.
We know with ZERO doubt at all that ballots were being placed in ballot boxes in 5 of the 6 swing states by people who could not legally handle those ballots. The only reason we do not know in PA is because Philadelphia – which has a long history of election fraud erased the video of their ballot boxes – in violation of federal law.
In Bridgeton CT a democrat judge threw out a close Democrat mayoral primary using much smaller evidence of ballot fraud.
In most states only a voter can put their ballot in the ballot box – in those states anyone depositing more than one ballot is committing election fraud.
In some states an immediate family member can – that does not account for thousands of instances where people were depositing a dozen ballots at a time. In a few states someone with a designated power of attorney can deposit a ballot for someone else.
In no state is it legal to deposit dozens of ballots.
Why are we to assume that people who are already breaking the law are not breaking other laws?
Why are we assuming that the conservatively estimated harvested ballots in Atlanta,m Philadelphai, Milwaukee, Pheonix, Los Vegas, Detroit were all otherwise legitimate ballots and merely conveyed to the ballot box illegally ?
We can not know that those ballots were not the product of party opratives using Zuckerberg provided lists of people who hard not voted, to visit voters and force them to vote “the right way”. Campaign workers are barred from 100ft of the polls. When an election is in person – we allow campaign workers to approach voters at their homes, but NOT at polling places. When we allow mailin voting the poll becomes the voters home and campaign workers may not approach voters in their homes.
But that is only one possibility now that we KNOW that there was massive fraud. Maybe campaign workers coerced voters in their homes. Or maybe they just skipped the voters entirely and with Zuckerberg provided lists of people who had not voted, they just filled out the ballots themselves.
The FACT is contra to left wing nut claims – very little investigation of the 2020 election was permitted.
Contra left wing nut claims – at every step of the way democrats FOUGTH any inquiry and transparency.
They threw election observers out of county fasicilities, The closed them for spurious reasons and then illegally reopened them.
They tried and with near certtainty succeeded in counting votes that arrived after election day.
They accepted as valid mailin ballots that opbviously did not come from the people they said they did.
The extensive ballot audit in Maricopa county found that there were alomst 50,000 ballots that came from only 13,000 people.
Trump lost AZ by 11,000 votes. It is possible that 13,000 republicans each voted 3-4 times. It is possible that it was equally spread between republicans and democrats. It is also possible that 250,000 mailin ballots for those that Zuckerberg identified to the parties as not having voted were manufactured possibly by multiple groups, and that the 50,000 duplicates are the few cases where someone voted very late.
Regardless, because of the lack of inquiry, because of the failure to follow election laws that would have prevented much of this – we do not know and never will know the extent of the fraud in 2020. We do not and can not know – who actually won.
But without any doubt we know there was large scale election fraud.
And we are not even close to done.
In 2020 – Sociual media and the press actively censored the truth – about covid, and about the bidens preventing hundreds of millions of people from hearing the truth about covid, about the bidens about other matters that would have effected the election.
MEdia and Social media censorship is immoral, unethical , and wrong, but it is not illegal.
Social media was further encouraged to censor information that was relevant to the election by the Biden campaign.
Again immoral, unethical and wrong, but not illegal.
HOWEVER, the FBI, DHS, DOJ, CIA all asked social media and the media to censor true facts of relevance to voters.
This is immoral, unethical, it is also illegal and unconstitutional.
Further these same government operatives used private contractors authorized by Pres. Obama to stop information in foriegn countries harmful to US national securtity
these government paid NGO’s were retargeted by the same people in government to block truthful information effecting voters in US elections. That is immoral, unerthical, and illegal and unconstitutional.
And these last two have been proven – in the courts, and in hearings in congress under oath and with documentary evidence.
And that is Election Fraud and Election Rigging.
Maybe in some fantasy world Democrats did not also submitt possibly millions of fraudulent ballots.
Though those who would commit one crime are likely to commit others.
Regardless, election fraud by democrats in 2020 is unarguable.
With Certainty Trump was not aware and did not try to prove some of the ways the 2020 election ACTUALLY was rigged. Trump may or may not have been wrong about some specific claims that he made regarding election fraud.
But with ZERO doubt he was correct that the 2020 election was lawless and rigged.
Sorry Gigi, but you lost that argument.
” It is “reality” that Trump lost in 2016. ”
False
“All investigations and recounts prove this to be true.”
False the 2016 recounts propved Trump won.
I am guessing you mean 2020 – but you would still be wrong.
There were only 3 consequential recounts. Those found lots of problems including fraud. I have enuerated those problems before and if you did not live in a left wing bubble you would know that you were wrong.
” It is “reality” that Trump tried to bully Brad Raffensberger to “find” him enough votes to award GA’s electoral votes to him”
Ignoring that the word “bully: is spin -= Trump did ask Raffensberger to find votes.
That is not a crime. Trump is NOT Raffensbergers boss, he can not order Raffensberger.
Trump did not threaten to have Seal Team 6 take Reffensberger out, nor did Trump offer Reaffensberger a million dollrs to find votes.
Pounding your fists and demanding that someone you have no power over do something is NOT a crime.
“which is a crime.”
Incorect
“It is “reality” that Turmp got fake electors to falsify Electoral College documents claiming he won when he didn’t”
It is “reality that Trump and many other people worked together OPENLY AND PUBLICLY to send an alternate slate of electors from GA to congress. There is nothing “fake” about this. You may not like what they did, but it is not a crime.
“these are felonies.”
Nope, they are the process that the courts blessed for challenging the secretary of states certification of an election where there are allegations of fraud.
Again all this was done completely in the open. I know this is difficult for left wing nuts – but people do not openly commit fraud.
They hide what they are doing.
I would further note that only Congress gets to decide which electors are correct – just as they did in 1872.
” Is the top law officer for the state supposed to ignore these crimes?”
Willis is not the top law officier for the state – she is not GA AG. She is the Fulton County DA, She is the top law officer for Fulton county.
Much of what she alleges did not happen in Fulton county – it is out of her jurisdiction. And you do not want prosecutors acting outside of their jurisdictions or The TX or Missouri AG’s will have all kinds of fun prosecuting/persecuting left wing nuts.
Regardless, as I demonstrated above – you have established a broad public open conspiracy to LEGALLY challenge the 2020 election.
Still no crime.
“There’s no proof of any wrongdoing by Willis”
There is a great deal of evidence that meets the beyond a reasonable doubt standard.
I would note that while much of what is alleged is immoral and unethical and will get her removed from this case and probably from office.
Some of it is ACTUALLY a crime. As a public official, hiring someone, approving their pay and then taking kickbacks in the form of vacations and entertainment.
Does all of that have to be proven – absolutely. has it ALL been proven beyond any doubt no. Is some of it established as fact – yes,
it is probable that sufficient will be proven that Willis is in enormous trouble.
“any collusion with or direction by the Biden Administration.”
Gigi – that has ACTUALLY been proven. Wades billing records are public record, More will be uncovered.
Regardless, collusion with the Biden WH is not a crime – except according to the left if Trump is president.
Willis/Wade are free to collude with the WH. But the public is entitled to know that.
Bringing the unbeleivably weak case that Willis has, constitutes election interferance, and the participation of the WH in that extends that election interferance to Biden.
Contra Democrats in 2019 – Presidents ARE entitled to seek, encourage, participate in investigations and prosecutors of their political rivals. They also ARE enetitled to order Seal Team 6 to assassinate people – even political rivals.
But when they do it must be clear to the people that those actions by the president are justified.
It is inarguable that available facts met the standards required for Trump to request that Zelensky investigate Biden.
Despite your rantings, there is STILL no evidence that Trump or those associated with him actually committed a crime.
Contra your and lefts claims – challenging an election – even a hypothetically perfectly conducted election is NOT A CRIME.
It is not even a crime to challenge an election that you KNOW was proper.
Crimes involve the use of force or fraud. Force is not people saying things you do not like. Fraud is not acting according to the law and constitution right out in the open where everyone cans see.
” How is Trump going to “win” this case anyway?”
Trivally – Willis will be removed, likely have to resign as Fulton County DA and possibly face prosecution for public corruption.
The case will be removed from Fulton county.
The GA AG will appoint a new prosecutor, who will review trhe ethics violations associated with Willis’s grand jury conduct and drop the indictment. And that will be the end of this.
There are other scenarious, they end similarly.
“The evidence is overwhelming.”
There is no despute over the evidence. Your error is that you keep trying to use adjectives to transform neutral and legal facts into crimes.
We do not disgree – beyond spin over the facts.
” Raffensberger had the presence of mind to tape Trump because he knew Trump would deny that he tried to bully him into falsifying election records.”
Again you keep trying to add facts that are not present. I do not care why Raffensberger taped Trum- though it is actually disturbing conduct on Raffensbergers part. You can spin it as evidence that he was worried about what Trump might ask.
You can also spin it as an attempt to set Trump up for blackmail, or am attempt to “get Trump”.
Regardless nowhere int he conversation did Trump ask Raffensberger to do anything illegal.
There was no mention ever about falsifying election records.
“Willlis is not likely to go anywhere”
Sorry, Gigi, She is toast. Turley correctly notes the problem is not about this case.
She is not going to just be removed from this case, she is going to be removed as DA.
“they would just appoint a special prosecutor.”
Who is “they” ? This case is being removed – not only from Willis and Wade, but from the Fulton Country DA.
You are correct that another prosecutor will be appointed – by the GA AG.
Who for any of a large variety fo reasons is likely to stall for a while – and then quietly drop it.
Because as with all these efforts by the left to fraudulently win the 2024 election via lawfare – because you know you can not win at the ballot, you need one of the few prosecutors in the country willing to over reach the law massively.
I would further note that you are correct the case will be kicked to another prosecutor – it will also be kicked to another jurisdiction.
This has never properly been a fulton county case from the start, and it is not a case that you can win without an Atlanta Jury.
Aw Giggly , c’mon man, get back to reality.
Reread what I said. The reality is that regardless of the 2024 election outcome… it makes no sense to go after Trump.
(This case if it were to be picked up would be after the election. )
1) Trump doesn’t win in 2024, he’s too old to think about 2028. So he’s done w politics as an elected offical.
2) If he does win, he’ll have more than enough power to make anyone w any sort of political sense to think more than twice about going after him.
Remember Joe Biden weaponized the government. Trump could do the same thing without breaking a sweat..
Your TDS is showing.
He’s living in your head rent free, but is now asking that you pay him because of the quality of the living conditions.
-G
While this came to light as a result of the Trump case, this misconduct is not about the Trump case.
Willis’s unethical conduct is NOT about prejudice to these defendants – it is about conduct that is just plain unethical and probably illegal.
Willis and Wade can not resolve this by recusing themselves from this case.
If as seems clear the allegations are true – Willis must be removed from office. She is disqualified from holding a position of public trust.
And Wade can not ever be appointed to a role wielding public power.
The romantic relationship is a conflict of interests – a serious one. But it is still only an ethical violation and though it would bar Willis and wade from working on cases together and either from working on these cases, it probably insufficient to remove them from office or public service.
Willis hiring a romantic partner is more serious. Doing so without required 3rd party oversight, more so still.
Being the sole determiner of Wade’s pay while in a relationship – more problematic still.
But the most damning allegation, one that is illegal is Willis personally benefitting herself from payments she approved.
That is public corruption, That is criminal. That goes beyond an ethical failure. That goes beyond Trump
@John Say,
I think the issue Turley is raising is that even if you take Willis out of the equation, and the fact that her office would be conflicted out…
Legally the charges of the case are presumed to be valid. So in theory, it could proceed.
Realistically… who would have the stomach for the prosecution… regardless of the outcome in 2024.
Thank you. I thought that was part of what I said. Regardless, I made clear I was not addressing the law.
Though with respect to the law – Turley is too narrowly focussed.
He is arguing that the romantic relationship between Wade and Willis warrants recusal but has no other consequences.
The “alleged” misconduct – which is increasingly close to proven, goes beyond a romantic relationship.
These allegations state that Willis engaged in more than an inappropriate romantic relationship.
That she engaged in public corruption.
With respect to the case – removing Willis and her office – for most any reason, even a simple conflict of interest,
would not technically kill the case, but practically it would.
Despite the number of cases against Trump it is self evident that it has been incredibly hard for the left to find prosecutors willing to politically weaponize the law and subject themselves to this kind of public scrutiny.
The left can find other prosecutors willing to step in and persue this agressively at the edges of law as willis has.
But it is highly unlikely there is one in Georgia that can get the job.
GA has done some restructuring of there state wide prosecution system.
I do not know the details, but I am guessing that a successor to Willis will have to be appointed by the GA AG and approved by a some state legal board. That will take time. Further those offices are controlled by GA republicans.
While GA republicans are not going to step into the line of fire with Trump.
They will be perfectly happy to see this quietly die.
I fully expect that will be arranged.
There are also allegations that Willis made ethically barred represenations to the Grand Jury.
A new prosecutor that wants to kill this can find myriads of ways.
And it will be trivial to blame Willis, and there will be nothing she can do about that.
Legally the case could be moved to a different jurisdiction.
The lawyers can help me out and explain how that happens.
Does the Fulton county judge just force the Georgia AG take the case?
A county Judge cant impose on an ajoining county, can it?
We have a very defined jurisdiction in this case and as a citizen, I dont approve of the Fulton County DA office handling this. The Office was aware of the ethics violation and never brought them public knowledge. The entire office is covered in the Stink of Willis.
So. the simple question is who has to power to re assign. Who is eligible to take the case up? IF eligible, do they have the stomach to tackle such a massive case, based on such novel legal theories?
Then be saddled with appeals even if they win?
We all know this is nothing but political.
The Presidential immunity question is not decided, but everyday brings more reasons why immunity exists and why it must be absolute, lacking an impeachment and conviction in the Senate.
All of these questions and I can find no incentive for another prosecutor hanging such an albatross on their own neck
No, as a licensed attorney in GA, no.
There is no legal basis to disqualify either prosecutor unless there is a conflict involving the defendants or counsel to defendants.
There is no conflict or appearance of a conflict when two attorneys from the same firm have a romantic relationship. Lawyers often have these romantic relationships. There is nothing untoward about it.
It certainly is bad from an optics perspective, and allows Trump to delay further, but that doesn’t mean that there is a legal basis for disqualification.
I should add there there is an ethical violation when a lawyer has a romantic relationship with her client, but seeing as the client is Fulton County, I do not believe that has been alleged.
If you look at the filing made by defense counsel, they failed to cite a specific Georgia Rule of Professional Conduct that directly supports their claim, instead referencing it broadly. This is because they cannot pinpoint a single one that is on point. Similarly, the case they cite (which is also cited by Prof. Turley above) does not support their case here. Prof. Turley parroted defense counsel instead of actually reading the case himself.
The DA’s office is NOT a firm. Nor is Wade technically part of the Fulton county DA’s office.
The details matter.
Willis is a DA – that is a public office – it is not the same as the senior partner in a firm.
Even the rules for hiring and firing are different – she is using public money.
ONE of many issues here is that Willis has Hired, and approved the payment of public monies to someone she is having a romantic relationship with. This is not the same as the senior partner having a relationshop with an associate.
It is not even the same as Willis having a relationship with an existing attorney int he DA’s office.
People are allowed to have romantic relationships. They are not allowed to alocate public funds based on romanic relationships.
But the worse problem is the allegations that she received perqs back from Wade in the form of joint vacations.
This is a kickback. It is a crime.
This would be inapproriate even in a private law firm and MIGHT be a crime in a private law firm.
Anyway those are Willis’s most significant potential problems.
Wade is almost certainly gone, and everything he has done is going to have to be reviewed with a fine tooth comb.
Wade is not an employee, he is essentially a private constultant and he can be removed trivially and I doubt the judge will blink an eye at that. Wade also has different problems. The fact that he has a contempt order in another court he has not cleared is a big problem. Wade is also the one coordinating with the WH and charging for it.
That issue is a complicated mess. He would be better off meeting with DOJ or Smith.
There is no rational basis for meeting with the WH, and worse it is arguably fraud to bill for it.
I do not think that Wade or Willis are going to be indicted, prosecuted or convicted of anything.
But that does not mean they are going to skate.
This is likely to result in much more than a significant delay.
Wade will be removed quickly.
Willis and the Fulton County DA will be removed.
Willis will likely resign or be removed as DA.
That will all delay but not kill this case.
But there are so many problems with this case – it is alleged that Willis made impermissible claims to the Grand Jury.
It would be trivial for another prosecutor to decide the indictment is defective and drop this.
Could the case continue without Willis and Wade – certainly.
Will it – highly unlikely.
It will die quietly with nothing having been done in a year or so.
“. . . that doesn’t mean that there is a legal basis for disqualification.”
The misappropriation of public funds is *not* grounds for disqualification?
How about disbarment? Jail?
“There is no legal basis to disqualify either prosecutor unless there is a conflict involving the defendants or counsel to defendants.”
And yet there is such a “legal basis.”
Her actions are a “reasonable basis” to conclude an adverse impact on the defendant(s), and that those actions were motivated by personal, not legal, interests. (See my comment, above.)
“who would have the stomach for the prosecution”–try the freedom-loving citizens of Georgia who don’t want a lying narcissist trying for a second time to cheat his way into office by trying to bully the Secretary of State to “find” votes he didn’t get, to get fake electors to falsify Electoral College certificates, and who just can’t stop lying.
John Say: so, according to you, if there was a sexual relationship between Willis and the deputy prosecutor, this would be “just plain unethical and probably illegal”, disqualifying Willis “from holding a position of public trust” because “this is public corruption”. But, it’s OK with you that Trump began spreading the Big Lie even before Election Day because all polls predicted he would lose, he went around the country on “Stop the Steal” rallies with virtually NO proof to back up the Big Lie, and despite the fact that everyone in his administration told him it was a lie, that he got fake electors to falsify Electoral College documents saying he won when he didn’t, that he tried to get Secretaries of State to falsify official vote tallies, that he stole classified documents, lied about returning them, lied about the right to possess them, flashed them around to show off to young female staffers, lied about “declassifying” them, cheated on his taxes and on loan applications, and sexually assaulted a woman. None of these things, according to you, is disquallfying for Trump to “hold a position of public trust”, nor do they amount to “public corruption”, but a sexual relationship between a DA and deputy do.
Do you realize just how unhinged you sound when you go on an on about Willis allegedly being corrupt and unfit for public office because of an alleged sexual relationship, despite the fact that even Turley calls them “allegations”, without any proof and ignore the proven and admitted crimes of Trump that directly bear on his integrity and fitness for office?
Gigi, please read what I have actually written.
First the romantic relationship is the LEAST of Willis’s and Wade problems.
Those of you on the left fixate on it, because though we DO have some constraints – especially ethical ones.
You have a right to love whoever you want.
No one disagrees with that.
But often things that are our rights conflict with other things that are merely our wants.
There is no right to be a DA, there is no right to be a lawyer. there is no right to be on a specific case.
The core problems is not who Willis has a relationship with.
The problem is that she can not choose to both be the DA and have a relationship with someone she is paying with public funds.
Another lawyer from GA here noted that lawyers can have relationships with other lawyers – that is correct.
We can not restrict who you love.
Left wing nuts here are constantly trying to make an issue of the realtionship between Clarence Thomas and Ginni Thomas.
But Virginia Thomas is not hired By Clarence with public money.
Virginia Thomas is not kicking back perqs to Clarence derived from the public funds he is paying her.
2 decades ago we had Bill clinton getting blow jobs from an intern. To be clear – that is NOT a crime.
At the same time do you think it is ethical for presidents to be getting blow jobs from interns ?
I would note that is some instances it IS actually a crime. But that is PROBABLY not a factor in the Willis case.
Uhn John, actually we can restrict who you love.
1) Underage minors…
2) Must be a human …
But yeah, you knew that. I am just yanking your chain… because you’re having all the fun w Giggly.
Now what Giggly dates… I don’t know. I don’t judge assuming its legal.
It is public corruption for those in government to hire their paramour, determine what they get paid and to take kickbacks from them.
it is public corruption PERIOD – without needing to prove bad intent.
As to the reasons that it is public corruption – we have learned that Wade was getting $100/hr more than the best Rico attorney in GA, despite the fact that Wade has close to Zero criminal experience and no criminal trial experience.
As to your long rant about Trump – Were public funds spent on any of the things you do not like ?
Willis spent public money to overpay her paramour.
You can love Willis, you can hate her.
That is still public corruption.
This is one of the reasons that Trump backpedalled rapidly on his offer to host the G20 at MAL.
Trump as president can go to MAL. The Secret service can decide to rent rooms and golf carts from MAL.
But Trump can not direct the Secret service to do so.
If Wade had been properly appointed so that the decision was not made by Willis.
If Wade’s pay was not set and authorized by Willis.
If Wade was not providing Willis with perqs from public funds
Then this would just be about two lawyers on the same case with a romantic relationship.
Gigi,
your tangential left wing nut talking points regarding Trump have all been debunked many many times before and they are totally tangential to this.
If you beleive that Trump[ is unfit for public office – Do not vote for him.
There are a tiny number of constitutional qualifications on who is barred from being elected president.
If you want other ones – amend the constitution.
If in your judgement, the worst president in UYS history is more qualified than the best one in the 21st century – vote accordingly, that is your right.
AS I addressed with another poster – this is not a court of law deciding whether Willis committed a crime and sentencing here to jail.
That has high standards of proof.
Turley is obsessesd with using alleged in this case.
Many things are NOT alleged – they are FACTS.
Wade was hired by Willis,
his pay is approved by Willis,
he is substantially less qualified than willis’s other hires and he is paid nearly twice what they are.
Wade is getting a divorve and his soon to be ex wife is claiming that he is haivng an affair with Willis.
Neither has denied that.
Wade billed for meeting with the WH.
Wade billed for 24hrs in one day and Willis approved it.
All of the above are FACTS.
It is NOT at this moment an established FACT that wade and willis are involved romantically.
But there is an incredibly high probability that will shift from being an allegation to a fact very soon.
I found it really odd that YOU have a collection of allegations and facts regarding Trump and the 2020 election – none of which absent your spin constitutes and actual crime – even if you prove them – though most of the facts are well known by most people, and they are not a crime.
Regardless you are happy to spin these facts and allegations into a crime – that only exists by assertion, i.e. there is not a crime even if all your allegations prove true.
Yet you not merely reserve judgement but condemn the rest of us for reaching a near certain logical concludion – that Willis has a romantic relationship with Wade.
I am somehow acting improperly by considering a high probability allegation to be a fact, a fact that BTW I have NOT dispute your misrepresentations claimed was a crime.
While you have pretty close to UNIVERSALLY claimed low probhability allegations as facts and repeatedly gotten burned.
Dear Prof Turley,
It’s a rainy night in Georgia.
You have used the word ‘alleged’ (allegedly, alleging, allegations) referring to Fani’s alleged lover’s allegedly adulterous wife’s allegations alleging political malfeasance in Fulton County over 23 times . .. often in the same sentence.
Now, I’m no english major, but don’t they have dating Apps for that?
They all sound like wife-swapping swingers to me.
*I get my peaches down in Georgia .. .
“IF these allegations are true, Willis is not just outside of the ethical navigational beacons. … All of this leads to an inescapable conclusion: Both Willis and Wade should recuse themselves from the case.”
Only IF the allegations are true, which has yet to be determined. But it’s no surprise that JT shifts from the conditional in the earlier statement (true) to an assumption in the latter statement (unknown).
No, no, no. Even if they were true, there are no grounds for removing the prosecutors from the case. They crossed zero ethical boundaries, which would warrant such a result. Professor Turley didn’t even read the case he cited in the article above.
There is no conflict between either prosecutor and any of the defendants. If there were an alleged relationship with defense counsel, that would be an issue.
Why is this so hard to understand?
If the allegations are true, I think they did cross ethical boundaries in employment/payment; YMMV.
I think you are losing sight of the point, hear.
Even if an ethical boundary was crossed re: employment, there was no conflict w/r/t the defendants. There needs to be a connection to the defendants to justify removing the prosecutors from the case.
Two things can be true:
1) The Fulton County DA is mismanaged.
2) Willis/Wade continue to prosecute Trump et al. in this case.
The filing has intentionally blurred these lines for political reasons, not legal reasons. The goal – which may ultimately be successful – is simply to further delay the proceedings.
“if an ethical boundary was crossed re: employment,” then they can both be fired.
I’m not claiming that the prosecution would end. But IF the allegations are true (which we don’t know), then they can be removed from the prosecution by virtue of losing their jobs, not because there’s a conflict with the defendants.
When you misstate the premises – you get the wrong conclusion.
1). Ethically two people in a relationship can not as governemtn employees prosecute the same case.
That alone ends this.
2). The Fulton County DA – is Willis. Willis is more than “mismanaging” – she is engaged in conduct that is unethical and probably illegal. The current judge can only remove her from this case, but she is likely facing removal from office, and possibly criminal prosecution.
3). Wade is with near certainty going to be fired – Whether Willis does it or not.
Wade is a private consultant exercising prosecutor powers. Just the fact that he is in contempt in his divorce case likely requires him to be fired. The fact that he is in a romantic relationship with Willis requires him to be fired.
The core issue is not a conflict with the defendants – which is why the judge is not dismissing the case.
It is that the prosecutors conduct has disqualified them from ALL cases.
Turley has hinted at this – but this likely removes the entire Fulton Country DA’s office from this case.
What is likely to happen:
The Judge will remove Wade and the Fulton County DA’s office from the case.
It is remotely possible that if Willis resigns that the Rest of the DA’s office can continue the case.
But willis is not likely resigning quickly.
It is probable that in GA that kicks the case to the GA AG’s office to determine whether and how to continue the case.
It is also probable that the GA AG’s office will be investigating and possibly prosecuting Willis.
There are already allegations of highly improper conduct by Willis with the Grand Jury.
The easiest way for whoever the GA AG appoints to continue this would be to toss the indictment as flawed – Willis has set her self of as the patsy – the GA AG or prosecutor appointed by the GA AG will be happy to dump this hot potatoe in a heart beat and blame willis.
I do not know the details of process in cases like this in GA. But this resembles the Foxx/Smollett case in Chicago.
I am presuming that it is the GA AG’s office that has oversight over the Fulton County DA, but it could be the courts.
Regardless, Willis is going to be removed and the Fulton county DA’s office will be conflicted
Citation for:
“1). Ethically two people in a relationship can not as governemtn employees prosecute the same case.
That alone ends this.”
They crossed ethical boundaries that warrant Removing Willis from office and firing Wade.
They are also credibly alleged to have committed crimes – that they may face prosecution for.
You are correct that there is no conflict with the defense.
The lethal conflicts do not bar them from this case – they bar them from public service aentirely and have significant risk of being fitted for an orange jumpsuit.
Wade and Willis can have a romantic relationship and both work in the DA’s office – though given that Willis is the DA – that would still likely be barred.
Regardless, Willis can not hire Wade, can not approve his pay, can not work together on the same case so long as they are in a romantic relationship.
Some of these issues would go away – if this was a private firm. But it is not, it is the Fulton County DA’s office.
No, no, no. Even if they were true, there are no grounds for removing the prosecutors from the case.
BUT the statement was ‘they SHOULD recuse themselves from the case’ . That is an ethical determination. Something Willis is demonstrating, she has not even a passing acquaintance with.
They will be removed from the case, because they will be removed from the office.
Moreover, the Fulton County Code of Laws § 2-66 bars conflicts of interest “in fact and in appearance.” It expressly states that no “officer or employee shall, by his or her conduct, give reasonable basis for the impression that any person can improperly influence him or her, or unduly enjoy his or her favor, in the performance of any official acts or actions.” These provisions are in addition to prohibitions on the receipt of gifts due to one’s office, such as possibly receiving alleged lavish vacations paid for by your subordinate.
I am guessing you didn’t actually read Section 2-66; rather you are parroting Turley, who didn’t read the provision and instead parroted defense counsel.
2-66 is a policy statement for a Code of Ethics applicable to all public employees.
It is separate from a conflict of interest, which results in a DA being involuntarily disqualified from a case.
If a conflict is alleged under the Code of Ethics, defense counsel has not met the required procedure. Check out Sec. 2-81. The person initiating a complaint must submit to the secretary of the Board of Ethics a written, sworn complaint under penalty of perjury, after which the Board of Ethics must initiate an investigation if it deems one is necessary. If probable cause exists, the board then must schedule a formal, public hearing to consider the complaint.
Again, Turley didn’t actually read the Fulton County Code….
You MUST do your own research instead of parroting others.
https://library.municode.com/ga/fulton_county/codes/code_of_ordinances?nodeId=PTIICOORCORE_CH2AD_ARTIIOFEM
It is separate from a conflict of interest, which results in a DA being involuntarily disqualified from a case.
You are always forced to shoe horn in facts not relevant.
Willis has violated her oath of office and needs to be removed from office.
“[T]here are no grounds for removing the prosecutors from the case.”
Once again, that is false.
There are more than sufficient grounds.
Poor anon… “IF these allegations are true…” Is a polite way of saying that the truth will come out in the hearing next month.
The evidence in the public eye is pretty damning.
Based on her non-denial of the accusations… she’s toast.
We don’t know what the truth is. Which is why Turley used “alleged/allegedly/allegations” so many times.
There are ALOT of things that we KNOW are true.
Wades billing statements are public record.
He is in a contested divorce.
He has been held in contempt.
His wife is alleging that Willis is having an affair with her husband.
Willis hired Wade.
Willis approved payments to wade.
These as well as several other things are NOT allegations they are facts.
It is near certain that the claim that Wade was taking Willis on luxury vacations will be proven soon enough.
Whether there is an actual affair will be proven soon enough.
What is it you expect is not likely to prove true ?
I don’t have to expect anything, and it’s irrelevant what I expect. An expectation isn’t knowledge.
It’s sufficient that we do not currently know if they were having an affair, so no one should be arguing as if we do know. It’s not hard to distinguish between knowledge and conjecture, a lot of people apparently don’t like to do so.
A, I don’t think you know what the word “allegation” means.
B, I don’t think you understand how the criminal justice system works. Willis has not yet responded in the Trump case. She was given until Feb. 2.
You are free to pray to your gods that the allegations are not true.
But lest start at the top.
Do you beleive Willis and Wade have a romantic relationship ?
Once you accept that – not only is Turley correct, but frankly the problems are much greater than Turley claims.
Willis hired Wade. Hiring a parmamour is public corruption.
Willis controlled his pay – that is public corruption.
It is a matter of public record that willis hired and approved Wades pay.
The claim that Willis personally benefited – with wade taking her on expensive vacations on the moeny she paid him with has not been proven – but it will not be difficult to do.
While Willis and Wade are under no obligation to deny each and every one of these allegations.
The allegations are serious and some criminal, and they would be very wise to STFU – which is one of the few wise things they are doing.
But they are not catagorically denying them. Which is what they need to do if they are COMPLETE fabrications, and they wish to save the case.
Regardless what is “alleged” that you honestly beleive is unlikely to be proven ?
I don’t believe in any gods.
“Do you beleive Willis and Wade have a romantic relationship ?”
My belief about it irrelevant (and for the record, my belief is: I don’t know). The issue is whether it’s a fact. THAT hasn’t been established. Which is presumably why Turley used “allegedly”/”alleged”/”allegations” a dozen times in his article in referring to said relationship.
You are correct – the relationship has not been established.
It is one of FEW aspects of this that there is not already a public record of.
Both in criminal and civil court what is true is often determined by probability.
Beyond a reasonable doubt is a legal term of art for a very high probability
Preponderance of the evidence is a legal term of art for slightly more probable than 50:50.
Reasonable suspicion is a legal term of art for possible, though maybe not likely.
The attorney that made these allegations will be sanctioned by the judge, likely disbarred and possibly criminally prosecuted if the evidence she alleges does not exist.
Apparently this is difficult for you to understand but that means there is a very high probability that the evidence she claimed in her motion exists and says what she claims it says.
Neither Willis nor Wade have publicly denied any of this. That is their right. Though they will have to answer in court.
But if the allegations are entirely false there is no risk to them to deny them immediately.
Based on their lack of denial it is near certain that atleast portions of the allegations are true.
It is no skin off my teeth if you wish to hope to your gods – and all humans make gods of something. That is universal human nature, that this is false. Just as you hoped that the collusion delusion was true.
What I am addressing with YOU is your judgement.
Not rushing to judgement is fine, and if you had a record of exactly that, I could respect your waiting for certainty.
But those of you on the left have jumped to false conclusions constantly on far poorer evidence than this.
The fact is that you do not have the judgement to look at the facts that are proven, to measure the probability of those that are alleged, and to reach conclusions that are likely correct.
If you understood your own deficits and chose to wait patiently in all cases – I could respect that.
But you don’t.
You Jump at salacious and improbable claims – if they implicate those you hate
And you hang on to the slimest of possibilities – long past the point where doing so is rational.
Put differently.
The Alapha Bank scam was a hoax.
The steele dossier was actual russian collusion – and a hoax.
The collusion delusion was a hoax.
Masks do not work against repiratory viruses.
C19 likely came from the Wuhan institute of Virology.
Lockdowns causes moire harm than good.
Spending trillions of dollars that you make from thin air causes inflation.
When you poke the bear – the bear bites.
When you loosen constraints on state sponsors of terror – you get more terror.
When you limit energy – a long long long list of bad things occur all over the globe.
The Hunter Biden laptop is not russian disinformation.
This is a short list of the myraids of things that those of you on the left have not only been wrong about – but you held tenaciously to error long after they went from merely probable to certain and proven.
I could respect you – if you understood your poor judgement and responded with reluctance to accpet allegations.
But that is not the case.
You reject what fails to conform to your ideological wishes – your gods, no matter how likely
and accept what conforms to your gods, no matter how unlikely.
“If you understood your own deficits and chose to wait patiently in all cases – I could respect that. But you don’t. ”
ROFL. Take a look in the mirror.
Your constant refuge of pedantry.
Well said whimsicalmama! Now that’s a quotable quote.
A conflict of interest affecting justice, would be if Willis had a romantic relationship with Trump’s attorney – (Team Willis has a spy working on Team Trump). If Trump’s attorney had sabotaged the defense counsel. That’s not what this is.
In this case, Willis and the her assistant-prosecutor are already on the same side (Team Willis) already trying to prosecute Trump. The other wife joined Team Trump and is trying to illegally defame Willis.
It’s team sports, having nothing go do with ensuring justice or enforcement of laws.
Precisely.
Poor Anon…
Do you think Wade’s wife cares anything about Trump?
Or maybe its the fact that her husband stepped out on her and the minute he got appointed, he started divorce proceedings.
Hmmm. Yeah. Hell hath no fury like a woman scorned.
But hey, your TDS seems to be getting worse. Go seek help.
“A conflict of interest affecting justice, would be if . . .”
BS that that is the only instance of a conflict of interest.
This is a conflict based on FW cooking the books to pad her lover’s bank account. The obvious conflict is: Letter of the law (and a defendant’s right to a fair trial) versus padding her lover’s bank account (and her vacations).
As against Trump, the case is BS. Since when is lobbying a government official to perform an act somehow illegal? Al Gore asked Kathleen Harris, who was bound by state law, to delay certification of the Florida results. Does that make Al Gore a criminal? Nope.
A larger question is the collaboration between Wade/Willis and the DOJ cited in Wade’s billing for hours meeting with the DOJ. If Willis was coordinating with the DOJ, it makes the case look pretty dirty.
Either way, Willis and Wade should be removed from the case and a fresh pair of eyes from either Fulton county or from the Georgia AG office is needed here.
Doesn’t this whole case violate the American “fruit from the poisonous tree doctrine”?
Adultery although immoral is not illegal, but defamation by the other wife is illegal.
In other words there was never a legitimate foundation for the lawsuit.
@Anon…
The issue isn’t that the evidence is tainted, only the prosecution.
I think myself that we have more machinery of government than is necessary, too many parasites living on the labor of the industrious. Government big enough to supply everything you need is big enough to take everything you have … The course of history shows that as a government grows, liberty decreases. The two enemies of the people are criminals and government, so let us tie the second down with the chains of the constitution so the second will not become the legalized version of the first. Thomas Jefferson
I always find it interesting that the geniuses that created our form of government would today be targeted by our government as domestic terrorists.
“Government is not reason; it is not eloquent; it is force.
Like fire, it is a dangerous servant and a fearful master.”
George Washington
Absolutely whimsicalmama. No doubt another white, conservative, Christian, heterosexual male, domestic terrorist. /sarc off
I thought the Babylon Bee was a parody site. This is closer to the truth than you will ever find on the Alternate Reality Media (ARM) sites.
Unnamed intelligence sources confirmed that on November 8 of this year, millions of militant MAGA zealots will take a short break from their usual schedule of running small businesses, raising families, and peacefully abiding by the law to infiltrate voting booths and cast votes for the political figures who are their favorites. “Our democracy is hanging by a thread, and we might lose it if we allow all these people to vote according to their beliefs,” said Wray.
https://babylonbee.com/news/fbi-warns-of-extremist-maga-plot-to-go-to-a-polling-location-and-vote-for-preferred-candidate
Then there is this…..political bias of a DOJ political appointee ignoring Legal Ethics and refusing to recuse himself.
How does that affect the Florida Case against Trump….in much the same way the New York and Georgia cases are seen as being corruptly created?
https://media.aflegal.org/wp-content/uploads/2024/01/18205923/Evers-OPR-Complaint-01182024.pdf?_ga=2.37849251.124152336.1705679892-1962438729.1705679890
You know that everything in that URL that comes after the question mark is tracking information about you, right? (If you didn’t know, now you do. You should always be careful to remove tracking info when you share a URL.)
… “first one wants freedom, then the whole damn world wants freedom” …
“So much for the good news…
As Wall Street goes, so goes the nation
And here’s a look at the closing numbers: racism’s up, human rights are down, peace is shaky, war items are hot
The House claims all ties
Jobs are down, money is scarce, and common sense is at an all-time low on heavy trading
Movies were looking better than ever, and now no one is looking, because we’re starring in a “B” movie
And we would rather had
J̸̶̸̶̸o̸̶̸̶̸h̸̶̸̶̸n̸̶̸̶̸ ̸̶̸W̸̶̸̶̸a̸̶̸̶̸y̸̶̸̶̸n̸̶̸̶̸e̸̶̸̶̸ Joe Biden
We would rather had
J̸̶̸̶̸o̸̶̸̶̸h̸̶̸̶̸n̸̶̸̶̸ ̸̶̸W̸̶̸̶̸a̸̶̸̶̸y̸̶̸̶̸n̸̶̸̶̸e̸̶̸̶̸ Joe Biden
You don’t need to be in no hurry
You ain’t never really got to worry
And you don’t need to check on how you feel
Just keep repeating that none of this is real
And if you’re sensing, that something’s wrong
Well just remember, that it won’t be too long
Before The Director (e.g.: A̲a̲r̲o̲n̲ ̲S̲o̲r̲k̲i̲n̲) cuts the scene
Yea.
This ain’t really your life
Ain’t really your life
Ain’t really ain’t nothing but a movie.”
B-Movie By: Gil Scott-Heron (1981 Reflections Album)
𝐁-Movie = 𝐁iden-Movie
This is further evidence that our legal system, even though it has many positive attributes, has gone off the rails. Woe to the citizen who feels called to leadership and does not adhere to the party line. The weaponized legal system will bury them (ruin them financially) in legal bills and the prolonged torture of litigation. Perhaps this is the goal in the first place. “Do what we say, play nice and we will leave you alone! If you don’t, then watch out!”
There is a need for good attorneys and there are, I am sure, many who are ethical, professional and take great care when using public funds. However, there are those who deserve the snarky lawyer jokes.
“How cold is it outside?”
“I don’t know. How cold is it outside?”
“It is so cold, I saw a lawyer with his hands in his own pockets.”
Getting the chronology straight:
In other words Willis is alleged to have done precisely what Trump and Newt Gingrich did (no laws broken). Willis is probably more moral than these two other guys.
Then the wife (that allegedly did what Willis, Trump and Gingrich did) attempted to defame Willis using a lawsuit as a weapon – defamation is actually a crime.
Chronology is part of American legal system, so it matters!
“Anonymous”, who did Trump or Gingrich prosecute? See the lameness of your argument now?
Time to do the “right”” and “ethical” thing as suggested by the Professor and merely step aside….not gonna happen!
Governor Kemp has the power to remedy that situation but does not have the political will do so.
The Willis/Wade situation makes the Duke Lacrosse Prosecutor’s actions look like child play.
Georgia, from my experience is full of corrupt public officials and keeps the FBI busy with investigations.
Every wonder why the Biden DOJ is keeping a hands off posture on this Willis/Wade thing?
The Feeb’s Corrupt Public Official Unit should be all over this one but is noticeably absent.
I guess they are using the enemy of my enemy is my friend kind of thinking at the senior levels of the FBI or else they would have been heard of investigating this sordid affair.
The Media sure is not interested which comes as no surprise.
In the meanwhile….the Rule of Law is yet again being sabotaged by corrupt prosecutors and being left to it by those empowered to take action.
Georgia should be so proud of Willis/Wade/Kemp and the others all cozied up in this.
Sadly, Trump backed the wrong guy for the Governor’s Office this time around.
Perhaps Pence is having the last laugh even though his “gallant” stand bought him no favors in his quest for the Presidency.
Perhaps “Democracy” was not under as dangerous attack as has been suggested by the Democrats and the Media.
Politics can be that way.
Professor Turley,
Did you even read Whitworth vs. State, the case you cited?
https://caselaw.findlaw.com/court/ga-court-of-appeals/1493718.html
It does not say that a “personal interest” is grounds for disqualification. The two grounds are (1) a conflict of interest; and (2) forensic misconduct.
For a conflict of interest, there has to be a connection between the prosecutor and the defendant. None is alleged here. Thus, there is absolutely no grounds for disqualification.
Your takeaway from that case, (“The Georgia courts have established that a district attorney should be disqualified when there is a personal interest in the defendant’s conviction (Whitworth v. State, 275 Ga. App. 790, 793, 622 S.E.2d 21 [2005]).”), therefore, is incorrect.
You would fail your students if they used that case to draw that conclusion. Perhaps you should replace whoever is writing these posts?
Anon: The case in question is unique and that characteristic makes comparisons with analogous cases difficult to impossible. I think we all can agree that in the middle of a prosecution, a DA with a criminal link to a subordinate (adultery is still a misdemeanor crime under GA law) prosecutor must be dismissed, as well as whatever case was brought by this improper union. Part of the examination of this case must be an in camera review of the grand jury proceedings to see if there was improper testimony given. When a question of this magnitude suddenly and unexpectedly happens in a criminal case, the rights of the accused must be closely scrutinized as well as the actions of the prosecutors. A change of venue and a new indictment and prosecutor seems the minimum outcome here. A better one would be for the Supreme Court to consider and remark on this case in sustaining DJT’s bid for presidential immunity. The Constitution is clear that presidential wrongdoing in office is subject to impeachment and conviction and then and only then to possible indictment and punishment. DJT Was not impeached for the alleged Georgia crimes and there is no conviction, hence, the subsequent indictment in Fulton County (as well as in DC and Miami federal courts) is invalid as it relates to him.
Do you have a single case to cite your proposition that “a DA with a criminal link to a subordinate . . prosecutor must be dismissed”
Or, did you just make that up?
First, you can’t just say – “analogous cases are difficult to impossible.” The process of comparing/contrasting to existing case law is literally how the law works.
Second, there is no reason that an ALLEGED misdemeanor (one which has not been prosecuted against in over 100 years, mind you) would have any bearing on who should be staffed at the DA’s office on an unrelated criminal case. There is no basis in GA law for that proposition. You can’t just dismiss a prosecutor because they got a parking ticket (also a misdemeanor in GA).
Third, how could testimony possibly be “improper”? There is NO connection leading to a conflict between the prosecutors and the defendants. The only way testimony could be improper is if there was some connection. What do you mean by “improper”? Unless Wade/Willis violated the rules of criminal procedure in the grand jury proceedings (which would be completely independent of their personal relationship), there is no way that these proceedings were improper.
The rest of your rant is completely irrelevant…
“[T]here has to be a connection between the prosecutor and the defendant.”
And if you could connect two dots, you might see that there is.
Willis and Wade should definitely be removed from the case. Disbarred for ethics violations and maybe even criminal case for defrauding Fulton County.
Was Wade colluding with the Biden WH in the GA case? Whom else did Wade meet with in DC and what else was discussed? How much did the Jan6th Committee contribute to the GA case?
In light of this scandal, the whole GA DA office should have to start over again and be kept under a microscope to ensure there is no other misconduct as we have seen so far.
When does the public ever say IT IS ENOUGH! One doesn’t have to like Trump to know that that most of these DA’s who are against him, are after him to get him pushed aside. To not report what Trump says, to take him off the ballot, all smack of restriction of our personal freedoms by not allowing us to make our own decisions. Our politics will kill this country and if we die, as Abraham Lincoln “If destruction be our lot, we must ourselves be its author and finisher. As a nation of freemen, we must live through all time or die by suicide”. Do we write our own epitaph?
If for nothing else it is time to hold in contempt, false reporting, biased judges, lawyers, politicians and yes — even the public who, without facts, use fiction to support personal bias. We do have a choice, and I for one, choose our Constitution!
It’s been a great ride
Well said Karen!
Under Fascists Democrats and their Republican Uniparty allies….Show Trials in Kangaroo Courts never end…and the funding just keeps coming
Trump needs to install General Flynn as AG and JAIL thousands of Democrats using a Nuremberg style trial….to find all the people involved in Russian Hoax, Protecting the Bidens, all the persecutors of Trump, all the people involved in the January 6th Entrapment, every person helping illegals, etc!
Also end all federal aid to cities, states, colleges and non-profits where anyone gets $100k+….that is all being used to destroy America from the inside…while Enriching the Democrats!
Fascists don’t just give up…they are fighting a Civil War Against America!
Fascists don’t just give up…they are fighting a Civil War Against America!
guyventner, that is such an important point. And it’s not hyperbole.
I consider the prog/left fanatics in this nation to be first cousins to their ideological equals – islamic jihadists – in that they are both enervated by false rhetoric from their leaders and urged on to do the despicable all for the promise of a utopian ending (whether that be 100 virgins and a worldwide caliphate or the progressive utopian ideal of socialism/communism). These tools of these ideologies are indoctrinated to the point of lacking any sense of self-awareness of reality but only do what all religious fanatics have always done throughout history and deny reality and totally believe that they are the righteous.