Fani Willis can stay on Trump election case if lawyer steps aside, judge rules

[Social Media]

 

In a significant ruling, Fulton County Superior Court Judge Scott McAfee has decided that Fulton County District Attorney Fani Willis can proceed with prosecuting the racketeering case against former President Donald Trump and other co-defendants. However, there's a catch: Willis must either step down from the case herself or remove special prosecutor Nathan Wade, whom she appointed, due to an "appearance of impropriety" arising from their romantic relationship.

 

Judge McAfee clarified that while there's no evidence of an actual conflict resulting from the relationship, the appearance of impropriety could compromise public perception of the case's integrity. He emphasized that Georgia law doesn't permit disqualification based solely on poor judgment or unprofessional conduct, but the decision aims to maintain public trust in the legal process.

 

 

Despite this finding, the judge acknowledged concerns about the ongoing perception of impropriety as long as Wade remains involved in the case. This ruling offers a partial victory for Willis, enabling the case to continue, albeit with adjustments to address the perceived conflict of interest.

 

The legal dispute stemmed from a motion filed by one of Trump's co-defendants, Michael Roman, who alleged misconduct by Willis due to her relationship with Wade. Roman claimed that Willis benefited financially from Wade's appointment and sought disqualification of the DA and dismissal of the case.

 

During arguments, Willis and Wade confirmed their relationship but asserted it began after Wade's appointment. They denied any financial benefit to Willis from Wade's work. Nevertheless, an evidentiary hearing was conducted to examine these allegations further.

 

The hearing featured testimony from Willis, Wade, and witnesses presented by Roman's legal team. While efforts were made to challenge the timeline of Willis and Wade's relationship, McAfee ultimately ruled that evidence of an actual conflict was lacking.

 

The case, which accuses Trump and others of conspiring to overturn election results in Georgia, has attracted significant attention. The judge's decision ensures its continuity, albeit with measures to address concerns about impartiality and public perception.

 

As the legal proceedings unfold, the case continues to be closely watched, reflecting the broader political and legal ramifications of the allegations against Trump and his co-defendants.

 

16.03.24

Source

 

[jerrymahoney]

Also from the above source OP:

 

Trump attorney Steve Sadow said in a statement that, “While respecting the Court’s decision, we believe that the Court did not afford appropriate significance to the prosecutorial misconduct of Willis and Wade.”

 

“We will use all legal options available as we continue to fight to end this case, which should never have been brought in the first place,” he added.

 

Willis's office did not immediately comment on the ruling.

 

 

[Tug]

Ironic the cad that had an affair with a porn actress as his wife was taking care of their new born infant has a problem with two professional career people hooking up.Hopefully this has Mrs Willis livid enough to double down and get this bilko artist/ coup leader in the penitentiary were he belongs 

[jerrymahoney]

22 minutes ago, Tug said:

Ironic the cad that had an affair with a porn actress as his wife was taking care of their new born infant has a problem with two professional career people hooking up.Hopefully this has Mrs Willis livid enough to double down and get this bilko artist/ coup leader in the penitentiary were he belongs 

The 'cad' however wasn't the Prosecution.

 

The Judge's comment that DA Willis displayed a  “tremendous lapse in judgment” could still take a part in any proceeding.

 

And regarding your  "get this bilko artist/ coup leader in the penitentiary were he belongs", what if this goes to trial and he is found by the jury Not Guilty?

Edited March 15 by jerrymahoney

[Jingthing]

Maga meltdown in progress.

[sirineou]

17 minutes ago, jerrymahoney said:

The 'cad' however wasn't the Prosecution.

He was more than that, he was the one with the presidential power of life and death.

19 minutes ago, jerrymahoney said:

The Judge's comment that DA Willis displayed a  “tremendous lapse in judgment” could still take a part in any proceeding.

In appointing the attorney!!  In fact I quote,  "Judge McAfee clarified that while there's no evidence of an actual conflict resulting from the relationship, the appearance of impropriety could compromise public perception of the case's integrity.  " which you conveniently left out from your above opinion. 

I agree with Judge McAfee  100% ,and have said so from day one, that the prosecuting attorney should had been removed from this case .

  With him there , even if the trial was 100% fair,(which will be)  when trump is found guilty in the end, it would had given his apologists something to hug their hat on.

  Behind the prosecuting attorney there is a whole team, I am sure one of them can take over, if not plenty of other attorneys that can easily take over. 

  To all the trump apologists, notice that trump is not dying to have his case heard and his innocence proven. Delay . delay . and more delay. Why? because he knows that which we all know, and is hoping for a political change that would provide a political solution to his problem rather than a legal one. 

He is indeed a  "bilko artist/ coup leader  " and there is only one place appropriate for him and it is not the White House, but it is the big house. 

  Sadly I am afraid he will not serve one day of his life in jail. Jail is for the poor and powerless. 

Ways will be found for him to stay out of jail and a final decision delayed until after he dies, which I am sure everyone , including all the spineless so called republicans,  hopes will be soon . 

 

[jerrymahoney]

32 minutes ago, sirineou said:

which you conveniently left out from your above opinion. 

 

What? Conveniently? I have read (most of) Judge McAffe's actual ruling. Have you?

 

32 minutes ago, sirineou said:

To all the trump apologists, notice that trump is not dying to have his case heard and his innocence proven. Delay . delay . and more delay. Why?

That is part of the legal system available to any defendant.

 

32 minutes ago, sirineou said:

  With him there , even if the trial was 100% fair,(which will be)  when trump is found guilty in the end, it would had given his apologists something to hug their hat on.

So like Mr. Tug, a trial and a guilty verdict is a minor inconvenience.

 

and a unanimous jury verdict is required ia Georgia criminal case.

Edited March 15 by jerrymahoney

[Chomper Higgot]

1 hour ago, jerrymahoney said:

The 'cad' however wasn't the Prosecution.

 

The Judge's comment that DA Willis displayed a  “tremendous lapse in judgment” could still take a part in any proceeding.

 

And regarding your  "get this bilko artist/ coup leader in the penitentiary were he belongs", what if this goes to trial and he is found by the jury Not Guilty?

Hope springs eternal.

[Chomper Higgot]

I called this right.

 

I said from the very start it was a nothing burger.

 

I normally ask the burger flipper to go light in the relish, but on this occasion I’ll have all the relish going.

 

One more slap down for the constant ‘Trump is going to get away with it all’ nonsense.

 

Get to Trial Fani.

 

It’s well past Trump’s prison time.

 

Edited March 15 by Chomper Higgot

[sirineou]

2 minutes ago, jerrymahoney said:

What?

What you mean "What?" 

You said "The Judge's comment that DA Willis displayed a  “tremendous lapse in judgment” could still take a part in any proceeding. "

This was taken out of context. The context was in the appointment , which you failed to mention, and not on her judgment in the case. which is what one would infer from your reply. I am sure it was unintentional and i should not had made the "Conveniently" comment  , but not the less factual. 

7 minutes ago, jerrymahoney said:

That is part of the legal system available to any defendant.

You are stating the obvious. 

Obviously it was available since he used it. But that was not my point. 

9 minutes ago, jerrymahoney said:

So like Mr. Tug, a trial and a guilty verdict is a minor inconvenience.

Not sure what that means, if you would expand a bit more perhaps I could comment. 

A minor inconvenience for who? and why? 

[jerrymahoney]

7 minutes ago, sirineou said:

Not sure what that means, if you would expand a bit more perhaps I could comment. 

A minor inconvenience for who? and why?

A minor inconvenience for those who think that a guilty verdict is inevitable.

 

And this whole affair can have an impact on the jury pool.

Edited March 15 by jerrymahoney

[Chomper Higgot]

4 minutes ago, jerrymahoney said:

A minor inconvenience for those who think that a guilty verdict is inevitable.

 

And this whole affair can have an impact on the jury pool.

I doubt anyone thinks a guilty verdict is ‘inevitable’.

 

I believe it is the evidence that will impact the jury pool, although misinformation and even threats of violence might very well play their part.

 

However, I expect many in Trump’s MAGA camp thought it inevitable that Willis would be removed from the case, and of course this would be the prelude to Trump ‘getting away with it all’.

 

We can look forward to their reaction in the coming hours, once the talking points have been distributed.

[jerrymahoney]

From the actual ruling regarding DA Willis's MLK day speech:

 

But it was still legally improper. Providing this type of public comment creates dangerous waters for the District Attorney to wade further into. The time may well have arrived for an order preventing the State from mentioning the case in any public forum to prevent prejudicial pretrial publicity, but that is not the motion presently before the Court.

[sirineou]

9 minutes ago, jerrymahoney said:

A minor inconvenience for those who think that a guilty verdict is inevitable.

 

And this whole affair can have an impact on the jury pool.

Oh you mean the removal of the prosecuting attorney being a minor inconvenience. 

I don't think it is an inconvenience at all , in fact as I said I think it is a positive move.

Not sure how it will affect the jury. The prosecuting attorney being there or not, does not change the facts.

The Jury will hear the facts and hopefully based on the facts they will make a decision. 

Is a guilty verdict inevitable? Nothing is inevitable, but based on the facts it is likely. 

[jerrymahoney]

3 minutes ago, sirineou said:

Oh you mean the removal of the prosecuting attorney being a minor inconvenience. 

No I was suggesting that some on here a have already decarded trump guilty and that the actual trial is an inconvenience.

[Chomper Higgot]

4 minutes ago, jerrymahoney said:

No I was suggesting that some on here a have already decarded trump guilty and that the actual trial is an inconvenience.

You aren’t speaking for me.

 

I’m looking forward to the trial.

 

The evidence and testimony coming out is going to be fascinating.

 

Above all, will Trump take the stand? 
 

Will he try to make some kind of coherent comment outside the court?

 

Get this show on the road.

[sirineou]

Just now, jerrymahoney said:

No I was suggesting that some on here a have already decarded trump guilty and that the actual trial is an inconvenience.

Oh sorry.

I personally think he is guilty. No I don't think , I know, the evidence are damning.

But no skin of my nose . no inconvenience for me. It has to be done, it is part of the process.

We are a country of laws. It is the binding glue that hold a diverse people . from many different ethnic. and racial backgrounds together. 

It is the trump  side, and big part of these trials that attempted to circumvent the law. 

 

[jerrymahoney]

'Evidence' is only evidence when it is admitted in trial. Just because 'evidence' is in the indictment, doesn't mean it will be admitted at trial.

 

And personally I don't give a rat's u-know-what about any of these legal entanglements as long as DJT is not again elected President.

Edited March 16 by jerrymahoney

[herfiehandbag]

1 hour ago, sirineou said:

He was more than that, he was the one with the presidential power of life and death.

In appointing the attorney!!  In fact I quote,  "Judge McAfee clarified that while there's no evidence of an actual conflict resulting from the relationship, the appearance of impropriety could compromise public perception of the case's integrity.  " which you conveniently left out from your above opinion. 

I agree with Judge McAfee  100% ,and have said so from day one, that the prosecuting attorney should had been removed from this case .

  With him there , even if the trial was 100% fair,(which will be)  when trump is found guilty in the end, it would had given his apologists something to hug their hat on.

  Behind the prosecuting attorney there is a whole team, I am sure one of them can take over, if not plenty of other attorneys that can easily take over. 

  To all the trump apologists, notice that trump is not dying to have his case heard and his innocence proven. Delay . delay . and more delay. Why? because he knows that which we all know, and is hoping for a political change that would provide a political solution to his problem rather than a legal one. 

He is indeed a  "bilko artist/ coup leader  " and there is only one place appropriate for him and it is not the White House, but it is the big house. 

  Sadly I am afraid he will not serve one day of his life in jail. Jail is for the poor and powerless. 

Ways will be found for him to stay out of jail and a final decision delayed until after he dies, which I am sure everyone , including all the spineless so called republicans,  hopes will be soon . 

 

Of course, as the Georgia Racketeering case is State not Federal, he can't pardon himself or force it's withdrawal. It is therefore possible that he could assume the Presidency as a convicted major felon.

 

I agree that a way to keep him out of prison will of course be found, but it won't change the fact that he would have been found guilty. Takes a bit of the shine off things.

[Chomper Higgot]

1 minute ago, herfiehandbag said:

Of course, as the Georgia Racketeering case is State not Federal, he can't pardon himself or force it's withdrawal. It is therefore possible that he could assume the Presidency as a convicted major felon.

 

I agree that a way to keep him out of prison will of course be found, but it won't change the fact that he would have been found guilty. Takes a bit of the shine off things.

A way to keep him out of court hasn’t been found. 
 

Why assume a way to keep out of prison will be found?

 

 

 

 

 

[Fat is a type of crazy]

I concur the issue didn't have a lot of relevance to the case but it certainly hasn't helped her reputation. The whole bit about having cash at home to repay her boyfriend sounded dodgy as hell. Cash from where? Couldn't say it seems. 

[Danderman123]

Nathan Wade has resigned and will presumably be replaced.

 

Hopefully by a more capable prosecutor.

[impulse]

The judge just guaranteed a lengthy appeal.   Long past November.

 

And he hasn't taken Fani Willis off the hook from the investigations into her conduct at the state and the federal level.  Though the county's investigation seemed to stop, claiming that it's a state office and a state issue.

 

I wonder if this'll be enough to get the judge re-elected in a blue dominated election?

 

[herfiehandbag]

1 hour ago, Chomper Higgot said:

A way to keep him out of court hasn’t been found. 
 

Why assume a way to keep out of prison will be found?

 

 

 

 

 

I suspect that ultimately the United States would baulk at sending their President from the White House to a prison.

[jerrymahoney]

NB I said this on FEB 15, 2024:

 

Sure but so much has been focused including by (another poster)  on the Willis-Wade relationship that the speeches and media by Ms. Willis may be the more actionable.

 

https://aseannow.com/topic/1319785-trump-seeks-removal-of-fani-willis-from-georgia-case-amid-allegations/?do=findComment&comment=18695353

 

 

[jerrymahoney]

1 minute ago, herfiehandbag said:

I suspect that ultimately the United States would baulk at sending their President from the White House to a prison.

That would be determined jointly by the sentencing Court and the Secret Service

[Chomper Higgot]

9 minutes ago, herfiehandbag said:

I suspect that ultimately the United States would baulk at sending their President from the White House to a prison.

I think it more likely voters will baulk at sending a convicted criminal to the White House.

[Tug]

1 hour ago, herfiehandbag said:

Of course, as the Georgia Racketeering case is State not Federal, he can't pardon himself or force it's withdrawal. It is therefore possible that he could assume the Presidency as a convicted major felon.

 

I agree that a way to keep him out of prison will of course be found, but it won't change the fact that he would have been found guilty. Takes a bit of the shine off things.

There’s that and a nice little tidbit just came up that is Mike pence won’t indorse trump nor vote for him and warned he shouldn’t be president…….

[herfiehandbag]

13 minutes ago, Chomper Higgot said:

I think it more likely voters will baulk at sending a convicted criminal to the White House.

Whilst I share your hope, I think that the drive to keep the trials from taking place before November will continue. It does rather look like it is succeeding, from North to South, more delay with documents in the Stormy Daniels case (31 thousand documents - surely he didn't shag her that many times?)

Washington DC already in the Jurassic grip of the Supreme Court, the judge in Florida already highlighting the need for considerable pre trial judicial debate.

 

The stakes are very high. Trump knows that he must get elected to kill/pardon all the Federal cases. Once he is in power he will do that. State cases such as this one are more difficult, but he will deploy the considerable powers of the Presidency to stop those. If he has to wreck the rule of law and the States judicial independence to do that he will. At the end of the day he will aim to be a president who controls the house, senate, and the Supreme Court. He has the court. It is all about him. Forget "drill baby drill" and the southern border - this will be priority one from day one.

 

 

Edited March 16 by herfiehandbag

[Chomper Higgot]

15 minutes ago, herfiehandbag said:

Whilst I share your hope, I think that the drive to keep the trials from taking place before November will continue. It does rather look like it is succeeding, from North to South, more delay with documents in the Stormy Daniels case (31 thousand documents - surely he didn't shag her that many times?)

Washington DC already in the Jurassic grip of the Supreme Court, the judge in Florida already highlighting the need for considerable pre trial judicial debate.

 

The stakes are very high. Trump knows that he must get elected to kill/pardon all the Federal cases. Once he is in power he will do that. State cases such as this one are more difficult, but he will deploy the considerable powers of the Presidency to stop those. If he has to wreck the rule of law and the States judicial independence to do that he will. At the end of the day he will aim to be a president who controls the house, senate, and the Supreme Court. He has the court. It is all about him. Forget "drill baby drill" and the southern border - this will be priority one from day one.

 

 

I don’t swallow the ‘he’s going to get away with it all’ lure.