Below is my column in the New York Post on the ruling in the Willis/Wade controversy. The references to the decision as “Solomonic” or “Solomonesque” might not be fair to King Solomon. Indeed, the comparison only highlights what is missing in Willis: an overriding interest in the case as opposed to their own position. While the court gave Willis two options (to transfer the case or remove her former lover), there is a third option: step aside.
Here is the column:
Many commentators reviewing the decision of Fulton County Superior Court Judge Scott McAfee to disqualify lead Special Counsel Nathan Wade but not Fulton County District Attorney Fani T. Willis as “Solomonic” or “splitting the baby” in the Trump prosecution.
Indeed, it was similar in all but one respect. The baby at issue before King Solomon survived. That whole point of the story was not to kill the baby but to see which of the two women loved the baby more.
In the story from 1 Kings 3:16–28, two mothers claim the male child who Solomon declares that each can get one half. One mother immediately accepts while the second woman begs him to just give the first woman the child and not to kill him.
Solomon immediately gives the second woman the child as clearly the mother who loves the baby.
But if either Wade or Willis truly loved “their baby” — the case against Trump — they would have removed themselves weeks ago.
Their personal controversies have derailed the case and mired the prosecution in scandal. Ethically, this should not have been a difficult question. They should have stepped aside.
That conclusion is more than evident in Judge McAfee’s decision, which shreds their claims on the stand and outside of the courthouse.
The court describes Willis’s controversial speech at a church as “’playing the race card . . . to cast racial aspersions at an indicted Defendant’s decision to file this pretrial motion.”
He hammers Willis for her lack of professional judgment and stresses, with perhaps an unintentional pun, that “providing this type of public comment creates dangerous waters for the District Attorney to wade further into.”
Judge McAfee also indicates that the testimony of Wade failed to resolve questions of filing false statements to a prior court and that his testimony on when the relationship began stood contradicted.
McAfee has done a fair job throughout the case. Moreover, he makes a valid point when he notes that this evidence does not establish a strong basis for claiming that the case was brought or pursued due to this relationship or possible financial gain.
Indeed, the purpose of this case was not personal but political.
While the indictments contain some valid criminal charges, they are largely minor offenses like unlawful access to voting areas. The overall racketeering claim used to ensnarl Trump is forced and weak.
The problem is that the Court casts doubt on Wade’s testimony on the relationship, but ignores that Willis effectively ratified those claims in her own testimony.
Willis and Wade are both prosecuting people for the very same conduct of filing false statements with courts and making false statements. The two lawyers testified in tandem but only one was disqualified.
McAfee is no Solomon in this decision. He splits the accused to avoid making the harder decision.
If he disqualified Willis, he likely would have had to disqualify her entire office. That would throw the entire case (and certainly the pre-election schedule) into doubt. So he left her with the choice:
“The prosecution of this case cannot proceed until the State selects one of two options. The District Attorney may choose to step aside, along with the whole of her office, and refer the prosecution to the Prosecuting Attorneys’ Council for reassignment. Alternatively, SADA Wade can withdraw, allowing the District Attorney, the Defendants, and the public to move forward without his presence or remuneration distracting from and potentially compromising the merits of this case.”
He is leaving Wade with no choice at all beyond an appeal. However, Willis will be allowed to place her own interests as the overriding purpose of the prosecution.
In some ways, it is a result that should please no one other than Donald Trump.
The defense removed the lead special prosecutor while leaving Willis carrying more baggage than Amtrak.
It does not, however, serve the interests of justice. Willis will now prosecute defendants for false statements as her own questionable testimony is likely to be investigated by the state and the bar.
She could still be effectively removed or disqualified. That prospect does not appear to give Willis pause.
It is not too late for Willis to act professionally in best interests of her office and the people of Fulton County. She can step aside in light of the damning findings of the court. Otherwise, like the first woman in the trial with Solomon, she would rather see the baby sawed in half than give it up entirely.
Jonathan Turley is an attorney and professor at George Washington University Law School.
I found another case in which Judge Scott McAfee made a similar ruling to the current one involving Fani Willis and Nathan Wade. It was a bank robbery case, State of George v. DeShawn Williams.
Here are the facts of the case. DeShawn Williams robbed the Fourth National Bank of Georgia at gunpoint while his accomplice, Floyd Davis was waiting for him in his car outside the Bank. Williams escaped with $147,328, of which he gave $36,832 or about 25% of the net haul to accomplice Davis.
Judge McAfee ruled in that case that Williams and Davis would be set free if Williams agreed to dismiss Davis from his bank robbery partnership. Otherwise, Williams and Davis would face 7 year prison sentences. Davis agreed to resign from his partnership with Williams, effectively dissolving their bank robbery partnership, and Judge McAfee set Williams and Davis free as long as they agreed not to work with one another on future bank robberies. They could keep the cash they stole from the Bank because they maintained no records of what they did with the cash, and, in any event, the Bank’s insurer covered the loss.
I find the Judge McAfee’s rulings in the DeShawn Williams case and the Fani Willis case to be errily similar.
Living in this country is like living in the twilight zone.
Dear Prof Turley,
Don’t know if judge AcAfee has the wisdom of King Solomon, but he can damn sure thread the needle. It would be easier for a camel to pass through the eye of that order .. . and Fani is no camel.
*he is wise .. .
I don’t understand how Willis gets to stay on the case. If one of them has to step down they both should. She was his boss! She was in a position of power & paid him a bunch of money the they both profited from.
I s Ginni employed by Clarence…or did Clarence subvert other qualified people to hire and pay his wife a salary beyond her capabilities? You do see the difference there ?
Did Penn pay Biden after the CCP gave them 5 million or was that before he was hired? Did Jill get her doctorate and her teaching job before Joe was a big shot or after? Did Joe get Shokin fired before Hunter was on the Burisma board…?
Professor Turley,
The indictment alleges “criminal activities including, but not limited to, false statements and writings, impersonating a public officer, forgery, filing false documents, influencing witnesses, computer theft, computer trespass, computer invasion of privacy, conspiracy to defraud the state, acts involving theft, and perjury.”
Yet, you write: “While the indictments contain some valid criminal charges, they are largely minor offenses like unlawful access to voting areas.”
Which of these is a minor offense?
The indictments essentially allege 4 schemes:
1) pressuring government officials to secure Georgia’s electoral votes for Trump, by rejecting the will of Georgia voters like me
2) organizing electors to falsely proclaim Trump the winner, which, yet again, would reject the will of Georgia voters like me
3) unlawfully accessing voting machines in Coffee County to “prove” supposed vote theft.
4) obstruction and coverup.
None of these is a minor offense. When you make statements like this, you belittle the importance and sanctity of my vote.
If you think the charges have little merit – then fine, that’s you opinion – but you go further here. You wrote that the alleged offenses themselves are largely minor.
Tampering with the democratic process is corruption of the highest level and should not be taken lightly.
What a shame.
Anonie,
1. Can you tell me who was pressured and how that pressure was applied ?
2. And who were the electors that were organized to falsely proclaim Trump winner ? Did they make it to the Capitol for the Jan 6th “riot”?
3. What was the obstruction that was committed and what was the cover up ?
Thx in advance for your cooperation.
Your question suggest you missed the point of the comment. Turley went further than claiming the charges were meritless. He is claiming the charges are minor offenses which is a completely different argument.
If the wrong person gets charged with murder, that doesn’t make the murder charge a minor one. It just makes the case a weak one.
Fani Willis plays the race card and begs for “grace” in church.
Separation of Church and State?
“If he’s false, she’s false.”
– Professor Turley
Real President Donald J. Trump has never been accused of, charged with, or prosecuted for sedition.
“Mistakes” are made perpetually by vote counters in elections – emphasis on democrat vote counters.
To “FIND” votes has absolutely no relationship to any form of criminal activity.
Criminals NEVER publicly announce their plans; criminals NEVER announce their plans on recorded, inscribed, or witnessed phone calls.
Real President Donald J. Trump used the word “find” because there is no possible negative connotation to that usage.
This malicious prosecution of Real President Donald J. Trump is the crime that must be prosecuted with extreme prejudice to the fullest extent of the law, including aggravated abuse.
Isn’t it amazing how the relationship between Fani Willis and Nathan Wade is a conflict of interest, but the relationship between Clarence Thomas and Ginni Thomas isn’t?
Anonymous,
Willis and Wade were not found to have a conflict of interest; rather, the Judge deemed it the “appearance of impropriety.”
This same standard is part of the US Supreme Court’s new judicial ethics rules.
“The self-issued code covers five canons of conduct, directing each justice to “uphold the integrity and independence of the judiciary,” avoid “impropriety and the appearance of impropriety in all activities,” perform their duties “fairly, impartially, and diligently,” engage in outside activities “consistent with the obligations” of the office, and “refrain from political activity.” https://www.cnbc.com/2023/11/13/supreme-court-adopts-ethics-code-as-justices-face-criticism-over-financial-disclosures.html
Anyone who believes that two prosecutors having a romantic relationship without any connection to the defendant demonstrates the “appearance of impropriety” must believe that the appearance of impropriety exists if Justice Thomas presides over a case, in which Ginni Thomas is financially connected.
Full stop. If you believe otherwise, then you are intellectually dishonest.
Last time I looked, Ginni Thomas did not hire her husband to be a Supreme Court justice. nor has she appeared before him on any cases…
There’s dumb and then there is this.
Wade just resigned.
Notorious B I G Fanny must be disbarred.
“State bureaucrats illegally changing laws without legislation”
– Traveler
____________
“ONLY COUNT THE ELECTORS WHO HAVE BEEN LAWFULLY SLATED. LAWFULLY SLATED.”
“I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.”
“We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated. Lawfully slated.”
“And we’re going to cheer on our brave senators and congressmen and women and we’re probably not going to be cheering so much for some of them.”
– President Donald J. Trump, January 6, 2021
Marc Elias
Mail in ballots
Recipe for the steal
In short, the judge got everything right but the conclusion.
Trying to protect his own career I think he has damaged it badly. Likely nobody, not even his friends, will hold him in the same regard as before. I am not sure Fani won, but I am pretty sure McAfee lost.
Watching comments by Dershowitz, McCarthy and Turley it looks as if the judge’s reputation is going to take a beating…and he still has a trial ahead of him.
WOW! Turley, who is paid to slant and distort facts, is whining about Fani Willis and her alleged ethical lapses. Tell us, Turley, if you can, just EXACTLY how Trump was harmed by Willis and Wade and their alleged affair. As a quick reminder: the bottle blondie paid by Trump to smear Willis claimed that she installed her married boyfriend as special prosecutor, allowed him to bill the snot out of the case, and that she benefitted from his billing by going on lavish trips paid for by Wade. Blondie claimed that Willis always plotted to hire Wade so they could live the good life on the backs of Georgia taxpayers–but, that little theory was shot to hell by the former governor of Georgia testifying that he had been approached first. The theory about Wade wining and dining Willis on the taxpayers’ dime fell apart when blondie couldn’t prove that Willis paid her own way–she testified she reimbursed him for half of expenses out of case. Supporting her claim that she always had lots of cash in her home was her impressive father, who told the story about his credit card being rejected on a trip to Massachusetts–he said black folks know they better be prepared to pay cash. The theory that they were lovers BEFORE he was appointed Special Counsel fell apart, too–all blondie had was the word of a disgruntled former employee who was fired by Willis and conjecture from Wade’s former law partner. So, the entire case went to crap. And the Judge ruled tdhat Willis is not disqualified, but that either she or Wade had to withdraw. But, does that stop Turley? No. Turley only sees ethical issues when it comes to those he is paid to smear. Bear in mind that there wouldn’t be a case in the first place but for Trump trying to pressure GA officials to rig the vote, and by getting GA residents to falsify electoral college documents based on nothing but his ego. THAT’s the real ethical scandal here, and, because it is a state law and not federal law case, Trump can’t pardon himself. So, the knives are out for Willis. So, I ask once again: just EXACTLY how Trump was harmed by the alleged ethical lapses of Willis and/ or Wade?
. Tell us, Turley, if you can, just EXACTLY how Trump was harmed by Willis and Wade
Gigi defending prosecutors lying under oath. Its just the Dems that have license to lie, will giving sworn Testimony?
Respectfully replying, I don’t think that Dr. Turley was making the point that President Trump was harmed. Rather, I think he was making the point that the case brought by the state of Georgia was harmed.
The attorney who attacked made all of these allegations was paid by Trump. Again, what dog did Trump have in that fight—how was he harmed? Or, is this just another smear job against someone who is seeking to hold Trump accountable?
Hoo boy. Just thank you for what you and your team do, Professor. Hope that the recent Tik-Tok decision doesn’t shut down Twitter through a convenient backend (Pelosi does not rub her hands together greedily because she agrees with non-dems, that’s for sure) before the election, or your site as well. I smell the SCOTUS getting involved again, and that is basically the litany of this awful, corrupt administration and party. The dems are a stain. No sane, compassionate person over the age of 45 believes in their idiocy anymore. That is why they continually bait the young. Sigh. Godspeed, and heaven help us. Our next election is going to be sh**show. By all measures.
PS – every republican that voted for the Tik-Tok measure, and it was a lot of them, needs to get bent. Uniparty, whatever; but for a select few, our reps are all complicit idiots. Yes, Johnson, I’m looking at you. Try something more meaningful than religious hellfire. This has got to stop, on all sides.
The Judge deliberately avoided concluding that a preponderance of the evidence showed that Wade and Willis lied about when the relationship began. He did this by finding Yeartie’s testimony somehow insufficiently detailed, Bradley’s texts not adequate since he refused to explain how he knew, and the cell phone data imprecise. None of this is persuasive. Had he concluded they lied he would have had to disqualify both, on the grounds of forensic misconduct, the main point Sadow was making.
I do not understand why the Georgia AG is not convening a grand jury to subpoena the 10,000 2021 text messages between Wade and Willis and consider indicting both for perjury.
“IT’S OK TO BE WHITE.”
– Rasmussen Reports
_________________________
Nearly half of blacks disagree.
Nearly half of blacks agree:
“IT’S NOT OK TO BE WHITE.”
_______________________________
“Blacks are a hate group.”
“As you know, I’ve been identifying as Black for a while – years now – because I like – you know, I like to be on the winning team.”
“The best advice I would give to white people is to get the hell away from Black people.”
“Just get the f*** away.”
“Wherever you have to go, just get away because there’s no fixing this.”
“You just have to escape, so that’s what I did.”
– Scott Adams, “Dilbert”
___________________________
Even for the deranged, hysterical, incoherent, bleeding-heart, liberal, progressive, socialist, democrat, RINO, AINO communists, “…THERE’S NO FIXING THIS!”
Willis is too stupid an unprincipled to withdraw
Unless somebody gives her a better paying gig. Maybe MSNBC can hire her as a legal commentator??? Maybe she can do back-up race baiting when Joy Reid is on vacation?
Given the outright corruption, collusion, sedition, treason and unleashing of COVID upon his Presidency why would anyone think that the election was NOT stolen? 2000 Mules showed one of the many ways , State bureaucrats illegally changing laws without legislation, coordinated stopping of the counting, why wouldn’t Trump have his team reviewing the results? Biden couldn’t get 100 voters at a rally yet had more votes than the chocolate Jesus. The Democrats and federalist politicians antics and the mountains of circumstantial evidence is beyond question.
“State bureaucrats illegally changing laws without legislation”
– Traveler
____________
“ONLY COUNT THE ELECTORS WHO HAVE BEEN LAWFULLY SLATED. LAWFULLY SLATED.”
“I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.”
“We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated. Lawfully slated.”
“And we’re going to cheer on our brave senators and congressmen and women and we’re probably not going to be cheering so much for some of them.”
– President Donald J. Trump, January 6, 2021
The Judge is weak and also looking to his reelection. He should have removed both Fani/Wade or the entire Fulton County office and turned it over to the state. It took him two weeks to come up with this weak finding? which we all knew he would not remove Fani. Perhaps the state will step in, under the new powers give to the State Legislature, which allows them to remove Fani. Both Fani/Wade should be in front of the bar for their lies etc
Ah, but maybe a fourth option:
(not realizing that the good professor had added this second blog article today, I posted the following earlier under the former):
I have never appeared before a GA court, but regarding Willis/Wade allegedly lying under oath: I believe (like in most states-and federal, I think) this is a severable issue/allegation that could have been held back, (either sua sponte or upon a party’s motion for abeyance/to be held in abeyance) until the presentment of more probative evidence that would warrant a finding on the issue.
I did not read the Order, but I think Judge McAfee left the door open for parties to amend their pleadings? In other words, even if an option for amended pleadings is available, I still think he could have sent a stronger message by simply stating that he was reserving ruling on that issue pending further development in pleadings and evidence…that would have sent an unequivocal message to Fani, et al, leaving them shaking in their boots instead of her office bragging that she prevailed.
(oops. I DID appear before a Georgia court once…going 80+ on my way to FL. very embarrassing.)
Excellent legal analysis by a thinking attorney. Or there might be another explanation for the ruling
Methinks Judge McAfee is channeling former Seattle Mayor Jenny “Summer of Love” Durkan. True Dah Judge is a man, and Jenny Durkan is a woman, but then again Im not a biologist, so it could very be that McAfee’s a she, Durkan a he, and logic, common sense and natural law are white patriarchal colonialist principles. What difference does it make?
Translation: Trump’s peeps should have thrown Molotov Cocktails, set buildings on fire, looted businesses and incite violence in GA. Joseph “first sitting President declared incompetent to be tried for a crime” Biden would have come to the defense of the
ANTIFA BLMTrump peaceful protestors. AMIRIGHT!💪🏾
/sarc