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ificandream

(9,373 posts) Fri Mar 15, 2024, 09:12 AM Mar 15

Fani Willis can remain on Trump Georgia case if special prosecutor steps aside [View all]

Last edited Fri Mar 15, 2024, 12:41 PM - Edit history (6)

Source: Washington Post (gift article/no paywall)

ATLANTA -- The judge overseeing the Georgia election interference case against former president Donald Trump and his allies rejected an effort to disqualify Fulton County District Attorney Fani T. Willis (D) from the case over a romantic relationship she had with the lead prosecutor she appointed.

In a 23-page ruling issued Friday, Fulton County Superior Court Judge Scott McAfee wrote that defendants "failed to meet their burden" in proving Willis's relationship with special prosecutor Nathan Wade was a "conflict of interest" enough to merit her removal from the case. But the judge also found an appearance of "impropriety" and said either Willis and her office must fully leave the case or Wade must withdraw from the proceeding.

(snip)

McAfee's order is a significant legal victory for Willis, who maintains control of the historic criminal case against the former president and his allies that she began investigating more than three years ago. But the tawdry diversion has come at a personal and professional cost to Willis, as embarrassing details of her personal life and romantic relationships have come under scrutiny inside the same courtroom where she had hoped to put Trump and his co-defendants on trial this August.

(snip)

But even allies of Willis fear the case against Trump could be irreparably damaged, with Willis's actions having undermined public confidence in the prosecution. And the tawdry claims against Willis are unlikely to go away -- especially in the public realm where she has already faced political attacks from Trump and his supporters, racist criticism and threats from those opposed to her prosecution of the former president.

Read more: https://wapo.st/43gqB13

From the judge's ruling:

Ultimately, dismissal of the indictment is not the appropriate remedy to adequately dissipate the financial cloud of impropriety and potential untruthfulness found here. See Olsen v.State,302 Ga.288,294 (2017) (Dismissalofanindictment is an extreme sanction, used only sparingly as a remedy for unlawful government conduct. )(quoting State v. Lampl,296 Ga.892,896 (2015)). There has not been a showing that the Defendants due process rights have been violated or that the issues involved prejudiced the Defendants in any way. Nor is disqualification of a constitutional officer necessary when a less drastic and sufficiently remedial option is available. The Court therefore concludes that 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 ofher office, and refer the prosecution to the Prosecuting Attorney's Council for reassignment.See O.C.G.A. 15-18-5. 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.

You can find the entire ruling here: https://www.nytimes.com/interactive/2024/03/15/us/judge-s-decision-on-disqualification-in-the-trump-case.html

Further reading: How Fani Willis' Donald Trump Case Changes Without Nathan Wade (Newsweek)
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Further reading: Fani Willis Threatened Nathan Wade's Wife, New Ethics Complaint Alleges

Further reading:
Fani Willis Actions 'Wasted' Time in Donald Trump Case--George Conway

87 replies

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Highlight:

Fani Willis can remain on Trump Georgia case if special prosecutor steps aside [View all] ificandream Mar 15 OP

Find and hire a MONSTER prosecutor... Climate Crusader Mar 15 #1

Please hire a black woman. Please hire a black woman. Please hire a black woman. Kennah Mar 15 #32

As long as whoever is hired is a beast, I'm down. Climate Crusader Mar 15 #43

Ms Willis is a MONSTER prosecutor...but thinking about your post, I agree she should take a back seat iluvtennis Mar 15 #63

Got that ruling right here: mahatmakanejeeves Mar 15 #2

Two weeks to issue moniss Mar 15 #18

Even a perception of conflict of interest has to be taken seriously to avoid successful appeals. Good ruling. Martin68 Mar 15 #30

It's not a matter of internet speed moniss Mar 15 #44

I thought they were examining evidence to determine whether an affair took place, when it started, and how Martin68 Mar 15 #47

The decision is boilerplate moniss Mar 15 #60

I'm afraid you misunderstood my point. I know exactly what boilerplate means. You were responding to a comment I made Martin68 Mar 16 #85

I'm not talking about moniss Mar 16 #86

I hand't seen that additional information when I wrote my post. Martin68 Mar 17 #87

Agree...stop the frump lovers from flapping their jaws...at least for now. PortTack Mar 15 #51

So I guess now that it comes out that moniss Mar 15 #80

"Impropriety"? "Irreparably damaged"? Bull SHIT! Prosecute the criminals, Willis. Hermit-The-Prog Mar 15 #3

Totally agree. republianmushroom Mar 15 #24

I guess we ought to be thankful that the judge didn't say she should smile more. Hermit-The-Prog Mar 15 #26

Although he did say her behavior on the stand spooky3 Mar 15 #33

Well the decision seems easy, although AP did a doozy of a headline BumRushDaShow Mar 15 #4

The ruling makes perfect sense to me Fiendish Thingy Mar 15 #14

IIRC, he is an outside "contractor" as it is BumRushDaShow Mar 15 #16

Agree. I like this decision. ananda Mar 15 #19

You mean her decision to have a relationship with a consenting adult? sybylla Mar 15 #20

A consenting adult who is on her payroll ....really, you should not be sleeping with a subordinate....... bottomofthehill Mar 15 #31

Special prosecutor was not on a higher pay rate people Mar 15 #36

we was being paid $250.00 an hour that would be $500,000 a year, staff lawyers make $175,000 bottomofthehill Mar 15 #62

Wade was getting paid the same hourly rate as the other two special prosecutors contracted for this case. SunSeeker Mar 15 #69

Some people just can't stand it that a black woman NanaCat Mar 15 #72

Yeah, little missy shouldn't be so uppity in her high and mighty independence. Hermit-The-Prog Mar 15 #27

You're clearly not familiar with common ethics rules regarding workplace relationships. Nt Fiendish Thingy Mar 15 #41

What law did she break? What rights of the defendants were diminished? Hermit-The-Prog Mar 15 #48

"It's not illegal!" Is the weakest of defences. Fiendish Thingy Mar 15 #50

You failed to answer a single question. This is not sexual harassment. Hermit-The-Prog Mar 15 #52

Who said it was? Fiendish Thingy Mar 15 #67

Willis was not his "supervisor." Wade is an independent contractor. SunSeeker Mar 15 #70

False Fiendish Thingy Mar 15 #74

No, what you said is false. Willis did not hire him. SunSeeker Mar 15 #77

Sexual harassment is not the standard NanaCat Mar 15 #73

There are policies but many do NOT strictly forbid workplace spooky3 Mar 15 #59

I don't know where you have worked Fiendish Thingy Mar 15 #65

I was a management professor who did research on the topic spooky3 Mar 15 #66

Then surely you are aware of the standards that exist around relationships between supervisors and hires. Fiendish Thingy Mar 15 #68

Surely you are aware of the difference between employees and independent contractors. SunSeeker Mar 15 #71

Willis was indeed his supervisor Fiendish Thingy Mar 15 #75

No, she was not. SunSeeker Mar 15 #76

The judge needs to be investigated. LiberalFighter Mar 15 #5

This message was self-deleted by its author mahatmakanejeeves Mar 15 #10

for what? prodigitalson Mar 15 #11

For making the correct ruling? Weird. jimfields33 Mar 15 #40

Georgia law only requires disqualification of a DA upon proof of a financial conflict of interest. SunSeeker Mar 15 #79

Oh I love this......! nickster48 Mar 15 #6

Seems to me this is an acceptable ruling. Prairie_Seagull Mar 15 #7

Thank god! This is a huge win for justice... SKKY Mar 15 #8

I think the documents case is the most important. ificandream Mar 15 #12

The federal case is definitely important BumRushDaShow Mar 15 #17

I should know this as a historian who took a BlueKota Mar 15 #55

The only way they can appeal to a federal court BumRushDaShow Mar 15 #56

Thank you! BlueKota Mar 15 #58

Most welcome! BumRushDaShow Mar 15 #61

Let me be clear, I think they're all important, for sure... SKKY Mar 15 #81

I don't agree with the ruling but think the case needs to move on neohippie Mar 15 #9

Yep. The ruling is unnecessary baby splitting just for the sake of baby splitting. But it is what it is. Hassin Bin Sober Mar 15 #21

The appearance of impropriety is important ripcord Mar 15 #37

So, this delay could have been avoided if she hadn't hired him in the first place Fiendish Thingy Mar 15 #13

Exactly! berksdem Mar 15 #15

A) Besides Trump talking points, where's the evidence sybylla Mar 15 #22

Before/After Doesn't matter Fiendish Thingy Mar 15 #23

Before/after does matter because it shows sybylla Mar 15 #28

Sounds right to me, SIDESHOW. elleng Mar 15 #46

There was discredited testimony. spooky3 Mar 15 #35

Fani should charge both of them with perjury and prosecute to the fullest extent of the law MichMan Mar 15 #53

I would guess she wants to move on, with her eyes on the prize spooky3 Mar 15 #57

Mess could have been avoided if one of them stepped down when this frist broke. Silent Type Mar 15 #25

I agree orangecrush Mar 15 #42

Or, as a former Boss of mine used to say... SKKY Mar 16 #83

If she's smart she'll allow another Joinfortmill Mar 15 #29

That is what DAs do DarthDem Mar 15 #38

This doesn't seem like a good look for the prosecutor TexasDem69 Mar 15 #34

There is no way Willis is going to withdraw MichMan Mar 15 #54

Are you watching, Clarence? Even the APPEARANCE of impropriety is a longstanding legal ethics standard. JudyM Mar 15 #39

'said either Willis and her office must fully leave the case or Wade must withdraw from the proceeding.' elleng Mar 15 #45

Does this fall under the legal term of, "splitting the baby?" Bayard Mar 15 #49

Seems that way. honest.abe Mar 15 #64

I don't like this. Socal31 Mar 15 #78

The judge went way beyond what he should have. Hikerchick57 Mar 15 #82

This is a great loss of knowledge and expertise that will create delays or worse. live love laugh Mar 16 #84