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Fani Willis decision in Georgia judge’s hands after final hearing


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The decision regarding the fate of the high-profile election interference case in Georgia, involving former President Trump, now rests in the hands of a state judge following the conclusion of a final hearing. Judge Scott McAfee presided over arguments presented during a three-day hearing to determine whether Fulton County District Attorney Fani Willis and special prosecutor Nathan Wade should be disqualified from the case due to their past romantic relationship.

 

The outcome of McAfee's decision hinges on the standard he applies to assess the alleged conflict of interest. Legal experts suggest that if the standard is based on proving an actual conflict, the defense faces an uphill battle, as there is insufficient evidence to support such a claim. However, if the standard is based on the appearance of a conflict or impropriety, the defense's argument may hold more weight.

 

The origins of the case's diversion can be traced back to a motion filed by defendant Michael Roman, a Trump campaign operative, who alleged that Willis financially benefited from her relationship with Wade through extravagant vacations funded by Wade. Despite Willis and Wade confirming their past romantic involvement, discrepancies emerged regarding the timeline of their relationship, with testimony from associates contradicting their accounts.

 

Witness testimony and evidence presented during the hearings have called into question the credibility of the defense's motion, with some characterizing it as based on gossip rather than substantive proof. Fulton County prosecutors argued that the defense failed to demonstrate an actual conflict of interest between Willis and Wade, pointing to the division of travel expenses between the two.

 

McAfee's decision may have significant implications for the prosecution's case. If he chooses to disqualify the district attorney's office, it could lead to further delays and uncertainty, as the case would be handed over to another prosecutor appointed by the Prosecuting Attorneys' Council of Georgia. However, if McAfee opts not to disqualify the office, the defense could pursue discretionary review by the appellate court, though such appeals are rare.

 

Regardless of the outcome, the legal proceedings surrounding the case are likely to face delays, compounded by other legal matters involving Trump in different jurisdictions. The proposed trial date of August 5 may be ambitious given the unresolved motions and potential appeals, leading to speculation that the case may not proceed to trial before the upcoming election.

 

In conclusion, the decision regarding the disqualification of the district attorney's office in the Georgia election interference case holds significant implications for the prosecution's future. As legal proceedings continue, the case remains embroiled in uncertainty, with potential delays and appeals further complicating its resolution.

 

04.03.24

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40 minutes ago, Social Media said:

The outcome of McAfee's decision hinges on the standard he applies to assess the alleged conflict of interest. Legal experts suggest that if the standard is based on proving an actual conflict, the defense faces an uphill battle, as there is insufficient evidence to support such a claim. However, if the standard is based on the appearance of a conflict or impropriety, the defense's argument may hold more weight.

From the OP Source:

 

McAfee pushed back on the state’s contention that an actual conflict must be proven, indicating the judge may be looking at a broader method to examine the evidence for disqualifying Willis and her office.  

 

“There are a number of these cases that seem to exclusively rely on the appearance of impropriety,” the judge said.  

 

“I would submit to the court that is not the standard,” Abbate replied, after some back and forth. 

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25 minutes ago, Danderman123 said:

Great.

 

Rob a bank. If you are arrested, find someone to invent dirt on the prosecutor, and hope a judge removes the prosecutor.

 

Shampoo rinse repeat until the case is dismissed.

Regardless of the outcome, this is what the Brits call in football an "own goal".

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Attorneys for Trump, Fani Willis spar at final hearing over removing district attorney from Trump Georgia case
 

Updated on: March 1, 2024 / 5:04 PM EST / CBS News

 

No evidence was produced during the earlier evidentiary hearings that showed the defendants' constitutional rights were affected by Wade and Willis' relationship, Abbate said. He reiterated that their romantic relationship began in March 2022, and said Willis repaid Wade for her share of their travel and trips.

 

McAfee, though, said it is no longer "speculation and conjecture" that there was a personal relationship between the prosecutors, and that money changed hands. "Where the ledger stands" may still be an open question, the judge said.

 

https://www.cbsnews.com/news/fani-willis-trump-georgia-case-hearing-fulton-county-today/#:~:text=No evidence was,the judge said.

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9 hours ago, jerrymahoney said:

From the OP Source:

 

McAfee pushed back on the state’s contention that an actual conflict must be proven, indicating the judge may be looking at a broader method to examine the evidence for disqualifying Willis and her office.  

 

“There are a number of these cases that seem to exclusively rely on the appearance of impropriety,” the judge said.  

 

“I would submit to the court that is not the standard,” Abbate replied, after some back and forth. 

So the argument is that the appearance of a conflict of interest is enough to kick Fani Willis off the case, but a President and his appointees giving the appearance of a conflict of interest (or more than just appearance) is not enough to throw them out?

 

I'm all in favor of making both conflict of interest and the appearance of a conflict of interest grounds for termination, but the rule should be applied to all levels of government, including elected officials and their appointees. 

 

BTW:  A President pressuring state government officials to change an election result certainly gives the appearance of a conflict of interest.

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43 minutes ago, heybruce said:

So the argument is that the appearance of a conflict of interest is enough to kick Fani Willis off the case, but a President and his appointees giving the appearance of a conflict of interest (or more than just appearance) is not enough to throw them out?

 

I'm all in favor of making both conflict of interest and the appearance of a conflict of interest grounds for termination, but the rule should be applied to all levels of government, including elected officials and their appointees. 

 

BTW:  A President pressuring state government officials to change an election result certainly gives the appearance of a conflict of interest.

Fani Willis is the Prosecutor, not the Defendant.

 

And as Judge McAfee noted, there is prior case law involving Prosecutorial conduct 

Edited by jerrymahoney
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I was lampooning the bigotry which drives MAGA Republican hatred of both Ms Willis and Ms James ( New York AG) rather than lampooning either of those individuals.

 

Fairly obvious I would have thought!

Edited by herfiehandbag
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2 hours ago, Chomper Higgot said:

Not quite.

 

She’s an intelligent, articulate black woman in a position of power holding a white man to account.

 

casting assertive black people as ‘uppity’, loud or aggressive is all part of the same racism.

 

https://hbr.org/2022/01/the-angry-black-woman-stereotype-at-work

 

 

 

Loud or Aggressive is fine, as long as they are loud and aggressive. In this case I'd say it's fairly accurate for Fani Willis. 

 

I'd agree on the use of the word uppity, it's has racial connotations, akin to Biden referring to LL Cool J (as well as other black men) as "Boy".

 

https://www.ndtv.com/world-news/watch-joe-biden-forgets-popular-rappers-name-and-calls-him-boy-trolled-4419777

 

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Edited by JonnyF
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Meanwhile, the Georgia state Senate committee will start taking testimony tomorrow from their first subpoenaed witness in their investigation of the DA.

 

https://edition.cnn.com/2024/01/26/politics/fani-willis-nathan-wade-georgia-state-senate-investigation/index.html

 

Georgia defense attorney subpoenaed to appear before state committee investigating Fulton County District Attorney Fani Willis

 

https://edition.cnn.com/2024/03/04/politics/georgia-defense-attorney-fani-willis-state-committee

 

Cowsert said the panel already has heard from “whistleblowers” but did not elaborate on what information they provided. He said the committee intends to dig into any credible allegations, no matter how long the investigation takes.

 

I've got my popcorn out.

 

Regarding the trial judge, my heart goes out to him since he's up for re-election and dismissing Willis, Wade (and her entire office, apparently) will probably torpedo his re-election.

 

 

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17 hours ago, JonnyF said:

 

Loud or Aggressive is fine, as long as they are loud and aggressive. In this case I'd say it's fairly accurate for Fani Willis. 

 

I'd agree on the use of the word uppity, it's has racial connotations, akin to Biden referring to LL Cool J (as well as other black men) as "Boy".

 

https://www.ndtv.com/world-news/watch-joe-biden-forgets-popular-rappers-name-and-calls-him-boy-trolled-4419777

 

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You so effortlessly slide into whataboutary, it’s as if you have long practice in the habit.

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4 minutes ago, Chomper Higgot said:

You so effortlessly slide into whataboutary, it’s as if you have long practice in the habit.

 

Just as you so effortlessly slide into race baiting, as if you have lost the argument. 

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5 minutes ago, Chomper Higgot said:

You haven’t presented any on topic argument.

 

 

 

It appears you can read, but you cannot comprehend. 

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