So, it is subject to interlocutory appeal if Judge McAfee allows it and if the Court of Appeals accepts it.
https://www.mediaite.com/politics/msnbc-analyst-calls-for-fani-willis-to-step-down-over-infuriating-ruling-almost-a-fatal-blow/Quote:
MSNBC legal analyst Andrew Weissmann called for Fulton County District Attorney Fani Willis to recuse herself from her George election racketeering case focused on former President Donald Trump and a number of his allies...
In his ruling, McAfee accused Willis of giving "unprofessional" testimony during evidentiary hearings and said she and Wade displayed a "lapse in judgement."
Weissmann argued McAfee likely knew removing Willis from the case would have meant the death of the charges as another Georgia office would need to take on the case and be equipped to handle such complicated indictments. Trump and his allies are accused of attempting to overturn the 2020 presidential election results in Georgia. The former president has attacked the case as a witch hunt, similar to how he's described his other legal troubles.
Weissmann recommended Willis recuse herself from the Trump case and appoint someone else to oversee the operation. He called the McAfee ruling an almost "fatal blow" to Willis as a prosecutor.
"The key is how to go forward because clearly Wade is off, but I think this is such a huge body blow, almost a fatal blow to Fani Willis," he said. "I think the way forward is she has to voluntarily recuse herself. I don't know that she has it in her, but I think she has to say I'm going to appoint a chief assistant who is going to oversee this case. She clearly has no credibility with this judge."
captkirk said:https://www.mediaite.com/politics/msnbc-analyst-calls-for-fani-willis-to-step-down-over-infuriating-ruling-almost-a-fatal-blow/Quote:
MSNBC legal analyst Andrew Weissmann called for Fulton County District Attorney Fani Willis to recuse herself from her George election racketeering case focused on former President Donald Trump and a number of his allies...
Weissmann argued McAfee likely knew removing Willis from the case would have meant the death of the charges as another Georgia office would need to take on the case and be equipped to handle such complicated indictments. Trump and his allies are accused of attempting to overturn the 2020 presidential election results in Georgia. The former president has attacked the case as a witch hunt, similar to how he's described his other legal troubles.
Weissmann recommended Willis recuse herself from the Trump case and appoint someone else to oversee the operation. He called the McAfee ruling an almost "fatal blow" to Willis as a prosecutor.
"The key is how to go forward because clearly Wade is off, but I think this is such a huge body blow, almost a fatal blow to Fani Willis," he said. "I think the way forward is she has to voluntarily recuse herself. I don't know that she has it in her, but I think she has to say I'm going to appoint a chief assistant who is going to oversee this case. She clearly has no credibility with this judge."
Quote:
An odor of mendacity
Power Line / by Scott Johnson / Mar 15, 2024 at 10:48 AM
At page 16 of his opinion ruling on the conflict of interest issues raised by defendants' in the Georgia "conspiracy so immense" prosecution brought by Fani Willis, Judge McAfee states that "an odor of mendacity remains." He is referring to the acrid smell left by the testimony of Willis and her former lover, Special Assistant District Attorney Nathan Wade.
I believe that Judge McAfee is alluding to Big Daddy's classic speech in Cat on a Hot Tin Roof: "What's that smell in this room? Didn't you notice it, Brick? Didn't you notice a powerful and obnoxious odor of mendacity in this room? There ain't nothin' more powerful than the odor of mendacity. You can smell it. It smells like death."
Take it for what it's worth.
LMCane said:
once again all the Trump fans who spent weeks proclaiming Willis would be gone and the case would collapse.
proven wrong once again.
I think this would be a de facto disqualification under Georgia law that would require her entire office to be removed the same as if Judge McAfee had found an actual conflict of interest. Won’t happen. And would open the door to more litigation about re: constitutional officers. https://t.co/xX5SpSDVM4
— Anthony Michael Kreis (@AnthonyMKreis) March 15, 2024
Quote:
The District Attorney overseeing Donald Trump's Georgia election indictment threatened the wife of the chief prosecutor in Trump's case, an ethics complaint filed with the Georgia state bar has alleged.
The complaint, filed by Atlanta resident, Stephen Kramer, also alleges that Willis misspent state funds with Trump prosecutor, Nathan Wade, with whom Willis was in a relationship.
Via Hot Air.Quote:
"One of the most concerning incidents in this case, in a long line of concerning incidents, is when D.A. Willis used her position to threaten Mr. Wade's wife, Joycelyn Wade, during their divorce proceedings," Kramer wrote. "D.A. Willis stated in a motion that Ms. Wade was trying to embarrass and harass her, and by extension, interfere and obstruct in the conduct of the [D.A.] election.
"Since that time, D.A. Willis admitted to an improper relationship with Mr. Wade, so Ms. Wade had every reason to determine how the marital money was being used before the divorce. This was not an unusual action by a divorcing couple."
Quote:
At issue in the filing is the demand for a pretrial deposition in the divorce case of Nathan and Joycelyn Wade on January 23. Willis' counsel leveled a full attack on the motivations and associations of Joycelyn Wade. She accused Joycelyn Wade of having an adulterous relationship with a longtime friend of Nathan Wade's.
Willis' counsel Cinque Axam then added that Joycelyn Wade "has conspired with interested parties in the criminal election interference case to use the civil discovery process to annoy, embarrass and oppress District Attorney Willis."
LINKQuote:
Willis bases her conspiracy theory on the fact that, on January 8, Roman's filing was made public and on the same day, she was served a subpoena and there was a move to unseal the Wades' divorce case.
That certainly makes this all a bit different from the usual "other woman" element in the divorce case. However, it is not a smart move. The level of animus and vexatious language in the filing only magnifies the concern over the Willis-Wade relationship. By attacking the estranged wife of her alleged lover, Willis only increases concerns over the professional separation between Willis and Wade in making decisions in the case.
GenericAggie said:ThunderCougarFalconBird said:
Is this order subject to interlocutory appeal? Mandamus relief?
speak english please?
You're correct, she'll have to bring in another outside counsel, Anna Cross is an outside Special Counsel and is already involved in the case. Cross' actual job is an AUSA in DC I believeTXAggie2011 said:
I'm pretty sure Weissman is wrong as to what would happen if she recused herself. I don't think she can personally recuse and then "appoint an assistant" to take over.I think this would be a de facto disqualification under Georgia law that would require her entire office to be removed the same as if Judge McAfee had found an actual conflict of interest. Won’t happen. And would open the door to more litigation about re: constitutional officers. https://t.co/xX5SpSDVM4
— Anthony Michael Kreis (@AnthonyMKreis) March 15, 2024
I would think that if her entire office is disqualified, outside special counsel brought into her office are disqualified because they are really just "part of her office" at that point.Foreverconservative said:You're correct, she'll have to bring in another outside counsel, Anna Cross is an outside Special Counsel and is already involved in the case. Cross' actual job is an AUSA in DC I believeTXAggie2011 said:
I'm pretty sure Weissman is wrong as to what would happen if she recused herself. I don't think she can personally recuse and then "appoint an assistant" to take over.I think this would be a de facto disqualification under Georgia law that would require her entire office to be removed the same as if Judge McAfee had found an actual conflict of interest. Won’t happen. And would open the door to more litigation about re: constitutional officers. https://t.co/xX5SpSDVM4
— Anthony Michael Kreis (@AnthonyMKreis) March 15, 2024
Rockdoc said:
So Wade gets to keep all his money and head to the bank, no problem. Smiling all the way.
So we are waiting for the B roll of film showing Wade with a bankers box of personal possessions leaving the DA's office while she remains?Quote:
Its all academic. I'm sure Professor Kreiss is right, she's not voluntarily recusing.
Foreverconservative said:You're correct, she'll have to bring in another outside counsel, Anna Cross is an outside Special Counsel and is already involved in the case. Cross' actual job is an AUSA in DC I believeTXAggie2011 said:
I'm pretty sure Weissman is wrong as to what would happen if she recused herself. I don't think she can personally recuse and then "appoint an assistant" to take over.I think this would be a de facto disqualification under Georgia law that would require her entire office to be removed the same as if Judge McAfee had found an actual conflict of interest. Won’t happen. And would open the door to more litigation about re: constitutional officers. https://t.co/xX5SpSDVM4
— Anthony Michael Kreis (@AnthonyMKreis) March 15, 2024
Where does he say that?aggiehawg said:
My problem with McAffee's ruling today is his splitting very fine hairs between Wade and Willis' testimony. Wade was lying but when Fani said the same thing on the stand, she was not?
Quote:
We can't count on the legal system to stop Trump. We have to stop him ourselves. One conviction would be nice; two would probably be quite helpful. But we can't count on the broken legal system to do a job that we ourselves have to do at the polls.
Before this scandal was unearthed by defense attny Ashley Merchant, things were rolling along for Fani W. She’s now been publicly humiliated and disgraced. Her ethical & legal probs are only just beginning. I’m not at all confident she will try this case v Trump. She will be…
— Megyn Kelly (@megynkelly) March 15, 2024
Quote:
Before this scandal was unearthed by defense attny Ashley Merchant, things were rolling along for Fani W. She's now been publicly humiliated and disgraced. Her ethical & legal probs are only just beginning. I'm not at all confident she will try this case v Trump. She will be under multiple investigations by then.
She gets to remain on the case thx to a judge who pulled a cowardly John Roberts. But her probs are only beginning … and getting Wade off of this case is a superhuman feat by the defense. He's been outed (as has she) as a liar/schemer. So - not entirely what the defense wanted (or deserved) but still Team Trump is in much better shape today than 3 mos ago in GA.
If she thinks she's home free, she is quite mistaken.Stat Monitor Repairman said:
Girl boss put this all behind her and she bouta go wild tonight!
Stat Monitor Repairman said:
Girl boss put this all behind her and she bouta go wild tonight!
LOL. Been noted before the origin of that phrase. Surprises me so few people knew the definition of "mendacity" even some lawyers, who in theory should have expanded vocabularies. "mendacious" is a very regularly used term in legal parlance without calling someone a liar outright.oysterbayAG said:
" Odor Of Mendacity " " What's that smell in this room? Didn't you notice it, Brick? Didn't you notice a powerful and obnoxious odor of mendacity in this room? There ain't nothin' more powerful than the odor of mendacity.You can smell it. It smells like death. Mendacity, you know what that is, it's lies and liars " Big Daddy in " Cat on a hot tin roof "
aggiehawg said:LOL. Been noted before the origin of that phrase. Surprises me so few people knew the definition of "mendacity" even some lawyers, who in theory should have expanded vocabularies. "mendacious" is a very regularly used term in legal parlance without calling someone a liar outright.oysterbayAG said:
" Odor Of Mendacity " " What's that smell in this room? Didn't you notice it, Brick? Didn't you notice a powerful and obnoxious odor of mendacity in this room? There ain't nothin' more powerful than the odor of mendacity.You can smell it. It smells like death. Mendacity, you know what that is, it's lies and liars " Big Daddy in " Cat on a hot tin roof "
Sigh, The status of the educational level in our legal bar both in court and appelllate courts.is sad. Rhetorical devices that mimic literature with which most jurors would get the reference. At least one would expect an appellate court judge to be well read. Being well read means the classics.
Literary references used to be shorthand for the jury. (And now I'll have to explain what shorthand means.)