Pending indictment against Trump in Georgia

210,855 Views | 2423 Replies | Last: 14 days ago by aggiehawg
aggiehawg
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Quote:

Rule 30 of the Georgia Court of Appeals provides a list of factors, under burden of proof, for the court to consider when deciding whether to grant an application for interlocutory appeal: 1) The issue "appears to be dispositive of the case"; or 2) The order "appears erroneous and will probably cause a substantial error at trial or will adversely affect the rights of the appealing party until entry of final judgment, in which case the appeal will be expedited"; or 3) "The establishment of precedent is desirable."
Since McAfee struggled with the precise standard to be applied for disqualification as it appeared to be a case of first impression, I think #3 is satisfied.



Quote:

"This is highly significant," Sadow reacted to the certificate's issuance in a press statement shared with Townhall. "The defense is optimistic that appellate review will lead to the case being dismissed and the DA being disqualified," Trump's attorney added.
LINK
aggiehawg
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Dersh's take:

Quote:

Just as predicted, Judge Scott McAfee tried to cut the baby in half, but the baby died, because his split-the-difference opinion makes absolutely no sense legally or factually.

It is obvious that Judge McAfee started his decision-making process by deciding the result he wanted: disqualifying special prosecutor Nathan Wade, but retaining Fulton County District Attorney Fani Willis and her entire office. In order to reach that bizarre result, he had to rely on the testimony of Willis, which he knew was totally untruthful.

Yes, he made an express finding that there are "reasonable questions" about whether the District Attorney and her hand-selected lead Special Assistant District Attorney testified untruthfully about the timing of their relationship. In general, he found that "an odor of mendacity remains." Yet, after making those devastating findings about the dishonesty of Willis, he said he believed her testimony rejecting financial gain. He found that it was "not so incredible as to be inherently unbelievable."
Quote:

Any reasonable person, however, watching her contrived testimony along with that of her former lover, could not reasonably conclude that they were telling the truth. It seems completely clear that she benefited financially from appointing Wade and then going on numerous trips, which records prove he paid for. Her testimony that she paid him back in cash was "unbelievable" to any objective viewer.
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"Who will guard the guardians?" asked the Roman philosopher, Juvenal. We must ask today: Who will prosecute the prosecutors? There is great irony and hypocrisy in Willis prosecuting former President Donald Trump and others based on far less evidence than exists against Willis.
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There are still options for the defense to pursue in an effort to disqualify Willis. They can try to seek an appellate remedy. They can take the matter to the bar association or other appropriate institutions. The bottom line is that this case should not go to trial with her in charge of the prosecution. The defendants deserve better, and the public deserves better.
LINK
WestAustinAg
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aggiehawg said:

Bonus points for Jocelyn Wade. Turns out she worked and supported him when he was going through law school. She put him through law school. Oh and she's having health issues that she did not have funds to get medical treatment before they entered into a temporary support order just a few weeks back.

And Nathan was boffing another attorney in Cobb County in which he was awarded a contract to investigate issues with the Cobb County jail (inmates kept dying) for $550.00 per hour. At the end of the contract, Wade ws asked where was his report?

He said he hadn't written one but all of the information was in his head.


I do appreciate the 90's term "boffing". I use that still occasionally and get weird looks by others.
aggiehawg
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Megyn Kelly talks with Ashleigh Merchant. Good interview.

AgCat93
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Stat Monitor Repairman
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Quote:

CNN Fulton County District Attorney Fani Willis said Saturday that "the train is coming," referring to her team's preparation for the case against former President Donald Trump and his 14 co-defendants and whether she was slowed down by attempts to remove her from the case.
Lord have mercy! Fanni hear that train a comin'
AgCat93
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Stat Monitor Repairman said:


Quote:

CNN Fulton County District Attorney Fani Willis said Saturday that "the train is coming," referring to her team's preparation for the case against former President Donald Trump and his 14 co-defendants and whether she was slowed down by attempts to remove her from the case.
Lord have mercy! Fanni hear that train a comin'

Sister Big Talker.
aggiehawg
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Back in court today for some motions.

Gouveia is live streaming on rumble
GenericAggie
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aggiehawg said:

Back in court today for some motions.

Gouveia is live streaming on rumble

Bumping for summaries!
jt2hunt
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I tried following that feed on rumble, and I couldn't figure anything out lol
aggiehawg
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First amendment arguments regarding speech being alleged as the overt acts to support the RICO conspiracy theory. Whether or not electors are public office holders (for the charges of impersonating public office holders), etc.

Mostly on the previously filed and briefed demurrers to the indictment. (GA law doesn't have bill of particulars) claiming the indictment is insufficent to give notice of the conduct complained of and why.



Gouveia's live stream from earlier
aggiehawg
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jt2hunt said:

I tried following that feed on rumble, and I couldn't figure anything out lol
Fani's team keeps subbing in different lawyers who may or may not be all that familiar with the case. But John Floyd is present in the court room today. He's the Special Prosecutor she hired (and paid 100 an hour less than Wade) who actually does have a RICO background.
aggiehawg
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Appeal has been filed,

Quote:

Former President Donald Trump and eight co-defendants filed an appeal on Friday of a judge's decision to allow Fulton County District Attorney Fani Willis to continue overseeing their election interference case in Georgia.

Attorneys said in a brief filed with the Georgia Court of Appeals that Judge Scott McAfee made a "legal error" by not dismissing the case and by allowing Willis to remain in charge of the prosecution.
Quote:

"While the trial court factually found DA Willis's out-of-court statements were improper and Defendants proved an apparent conflict of interest, the trial court erred as a matter of law by not requiring dismissal and DA Willis' disqualification," the attorneys wrote. "This legal error requires the Court's immediate review."

Trump and several co-defendants had asked McAfee in January to dismiss the case and to disqualify Willis, arguing the district attorney's relationship with a special prosecutor presented a conflict of interest that had irreversibly tainted the case. They also argued Willis made inappropriate comments outside of court about the controversy during a speech she gave at an Atlanta church.

McAfee found that while Willis made a "tremendous lapse in judgment," she could continue prosecuting Trump and his co-defendants so long as she terminated the special prosecutor, Nathan Wade, who resigned immediately upon McAfee issuing his decision.
Quote:

"Defendants argued in the trial court that the indictment should have been dismissed and, at a minimum, DA Willis and her office should have been disqualified from prosecuting the case," Trump's attorney Steve Sadow said in a statement. "The Georgia Court of Appeals should grant the application and accept the interlocutory appeal for consideration on the merits."
LINK
aggiehawg
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LOL.

Quote:

Two weeks after Fulton County District Attorney Fani Willis survived a bid by defense lawyers to have her disqualified from the Georgia election interference case, she has all but taken over the case personally, focusing intensely on legal strategy and getting her team in fighting form for trial.

In a significant move along these lines, according to a source close to her, Willis has decided to play a leading courtroom role herself in the sprawling conspiracy case against Donald Trump and 14 co-defendants.

"I think there are efforts to slow down the train, but the train is coming," Willis said with characteristic bravado during impromptu remarks to CNN as she was leaving a Georgia Easter egg hunt on March 23.
"I guess my greatest crime is that I had a relationship with a man, but that's not something I find embarrassing in any way," she added.
She's going to try the case?

Quote:

Instead of replacing Wade with another lawyer from inside or outside the office, Willis is stepping up her own role in quarterbacking the case, CBS News has learned. She has already plunged into the nuts and bolts of trial strategy, including starting to lay out how evidence, including witnesses and documents, will be presented, a process known as "order of proof."

At the same time, she is thinking about how to communicate the stakes of a case about protecting the democratic rights of Georgians a far more abstract concept than typical murder or gang prosecutions to a Fulton County jury.

Moreover, according to one knowledgeable source, Willis will now be the primary point of contact for defense lawyers in any future plea negotiations, a role that Wade had previously played. "If defendants come to us and they decide that they want to resolve their case, I'm always open-minded and reasonable, and we will listen to those explanations," she told CNN last week. "Now those conversations will be with me and not Mr. Wade."
Quote:

Perhaps most consequentially, she is gaming out her own role in trying the case. Her appearance in the courtroom will not just be symbolic. Willis is seriously considering handling opening statements for the prosecution and examining key witnesses herself, according to sources familiar with her thinking, who requested anonymity to speak freely about her approach to the case.
My suggestion? Conduct some mock trials first, Fani. If you bomb, remove yourself from the trial team.

LINK
AgCat93
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aggiehawg said:

LOL.

Quote:

Two weeks after Fulton County District Attorney Fani Willis survived a bid by defense lawyers to have her disqualified from the Georgia election interference case, she has all but taken over the case personally, focusing intensely on legal strategy and getting her team in fighting form for trial.

In a significant move along these lines, according to a source close to her, Willis has decided to play a leading courtroom role herself in the sprawling conspiracy case against Donald Trump and 14 co-defendants.

"I think there are efforts to slow down the train, but the train is coming," Willis said with characteristic bravado during impromptu remarks to CNN as she was leaving a Georgia Easter egg hunt on March 23.
"I guess my greatest crime is that I had a relationship with a man, but that's not something I find embarrassing in any way," she added.
She's going to try the case?

Quote:

Instead of replacing Wade with another lawyer from inside or outside the office, Willis is stepping up her own role in quarterbacking the case, CBS News has learned. She has already plunged into the nuts and bolts of trial strategy, including starting to lay out how evidence, including witnesses and documents, will be presented, a process known as "order of proof."

At the same time, she is thinking about how to communicate the stakes of a case about protecting the democratic rights of Georgians a far more abstract concept than typical murder or gang prosecutions to a Fulton County jury.

Moreover, according to one knowledgeable source, Willis will now be the primary point of contact for defense lawyers in any future plea negotiations, a role that Wade had previously played. "If defendants come to us and they decide that they want to resolve their case, I'm always open-minded and reasonable, and we will listen to those explanations," she told CNN last week. "Now those conversations will be with me and not Mr. Wade."
Quote:

Perhaps most consequentially, she is gaming out her own role in trying the case. Her appearance in the courtroom will not just be symbolic. Willis is seriously considering handling opening statements for the prosecution and examining key witnesses herself, according to sources familiar with her thinking, who requested anonymity to speak freely about her approach to the case.
My suggestion? Conduct some mock trials first, Fani. If you bomb, remove yourself from the trial team.

LINK


She's going to try the case - and she's going to try the patience of everyone involved.

This may be a sight to behold.
aggiehawg
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Quote:

This may be a sight to behold.
Assuming it ever happens. Right now, that's a big assumption.
Ag with kids
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aggiehawg said:

LOL.

Quote:

Two weeks after Fulton County District Attorney Fani Willis survived a bid by defense lawyers to have her disqualified from the Georgia election interference case, she has all but taken over the case personally, focusing intensely on legal strategy and getting her team in fighting form for trial.

In a significant move along these lines, according to a source close to her, Willis has decided to play a leading courtroom role herself in the sprawling conspiracy case against Donald Trump and 14 co-defendants.

"I think there are efforts to slow down the train, but the train is coming," Willis said with characteristic bravado during impromptu remarks to CNN as she was leaving a Georgia Easter egg hunt on March 23.
"I guess my greatest crime is that I had a relationship with a man, but that's not something I find embarrassing in any way," she added.
She's going to try the case?

Quote:

Instead of replacing Wade with another lawyer from inside or outside the office, Willis is stepping up her own role in quarterbacking the case, CBS News has learned. She has already plunged into the nuts and bolts of trial strategy, including starting to lay out how evidence, including witnesses and documents, will be presented, a process known as "order of proof."

At the same time, she is thinking about how to communicate the stakes of a case about protecting the democratic rights of Georgians a far more abstract concept than typical murder or gang prosecutions to a Fulton County jury.

Moreover, according to one knowledgeable source, Willis will now be the primary point of contact for defense lawyers in any future plea negotiations, a role that Wade had previously played. "If defendants come to us and they decide that they want to resolve their case, I'm always open-minded and reasonable, and we will listen to those explanations," she told CNN last week. "Now those conversations will be with me and not Mr. Wade."
Quote:

Perhaps most consequentially, she is gaming out her own role in trying the case. Her appearance in the courtroom will not just be symbolic. Willis is seriously considering handling opening statements for the prosecution and examining key witnesses herself, according to sources familiar with her thinking, who requested anonymity to speak freely about her approach to the case.
My suggestion? Conduct some mock trials first, Fani. If you bomb, remove yourself from the trial team.

LINK

BWAHAHAHAHAHAHA

Quote:

"If defendants come to us and they decide that they want to resolve their case, I'm always open-minded and reasonable, and we will listen to those explanations," she told CNN last week. "Now those conversations will be with me and not Mr. Wade."
BWAHAHAHAHAHAHAHAHAHAHAHAHAHAHA

Oh. Did I mention this will be amusing as hell to watch as that "train (that) is coming" is going to make for a spectacular train wreck.
aggiehawg
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Agree. She's a train wreck in court, waiting to happen. She completely lost her cool while on the stand during the hearings back in February. And the thing was, she probably was not going to be called if McAfee had to make that decision. Waaaay too combative with opposing counsel.

Let me tell you why that matters. In civil cases, attorneys can say things about opposing counsel to the jury such as, 'they have lied to you." In a criminal trial? No bueno. Cannot do that. Grounds for a mistrial, just like telling the jury a defendant exercising their 5th Amendment rights is a factor the jury can take into account. Auto mistrial on that one.

Fani will not be able to resist defending her very questionable honor likely during opening statements.and accusing Ashleigh Merchant as a liar. Won't be able to restrain herself. That far gone.
aggiejayrod
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aggiehawg said:

Agree. She's a train wreck in court, waiting to happen. She completely lost her cool while on the stand during the hearings back in February. And the thing was, she probably was not going to be called if McAfee had to make that decision. Waaaay too combative with opposing counsel.

Let me tell you why that matters. In civil cases, attorneys can say things about opposing counsel to the jury such as, 'they have lied to you." In a criminal trial? No bueno. Cannot do that. Grounds for a mistrial, just like telling the jury a defendant exercising their 5th Amendment rights is a factor the jury can take into account. Auto mistrial on that one.

Fani will not be able to resist defending her very questionable honor likely during opening statements.and accusing Ashleigh Merchant as a liar. Won't be able to restrain herself. That far gone.


This could be the first time to ask a judge "permission to treat opposing counsel as hostile...and a braindead moron"

Or just keep calling her learned over and over.
aggiehawg
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Not a surprise to me, at least.
aggiehawg
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Wingate's affidavit.




Ellis Wyatt
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I don't think any of this is news, but it is sickening.

"Conspiracy theory," my ass. The republic is dead.
Reality Check
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All simple steps a reasonable person would believe a government would WANT to take to prove the appropriate conduct of officials in an election.

No chain of custody documentation provided? That should be an incredibly easy task to fulfill... if the documents exist.

No surveillance video of dropboxes provided? Wouldn't the government WANT to dispel rumors of fraud if it had been a fair election?

Still no official explanation for the infamous water main break that sent election observers home from State Farm Arena? You'd think people winning $80 million lawsuits for not acting in an illegal manner would have had their stories straight on this one by now.

The question is will we ever see Fulton County comply with the judge's order in Favorito v. Wan to make the absentee ballots available for third-party review? The GOP observers say they were all bubbled in by a computer. They're allegedly sitting in a warehouse, under 24/7 guard. So what gives?
Author of the TexAgs Post of The Day - May 31, 2024

How do I get a Longhorn tag?
MarkTwain
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“Never argue with stupid people, they will drag you down to their level and then beat you with experience" - Mark Twain
MarkTwain
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“Never argue with stupid people, they will drag you down to their level and then beat you with experience" - Mark Twain
JFABNRGR
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Evidence & Facts don't matter to a corrupted DOJ and or a corrupted court system!
aggiehawg
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Foreverconservative said:


Hello! It is me, the broken record, again.

In 2020, Fulton County contracted with Runbeck, same Runbeck located in Maricopa County, to create, print and send out all of their mail in ballots.
AgCat93
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aggiehawg said:

Foreverconservative said:


Hello! It is me, the broken record, again.

In 2020, Fulton County contracted with Runbeck, same Runbeck located in Maricopa County, to create, print and send out all of their mail in ballots.

Keep repeating it. Again and again. Drill and repetition...
Ellis Wyatt
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Reality Check said:

All simple steps a reasonable person would believe a government would WANT to take to prove the appropriate conduct of officials in an election.

No chain of custody documentation provided? That should be an incredibly easy task to fulfill... if the documents exist.
Yet exactly the same things happened in Maricopa County.
jt2hunt
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It's so obvious there was voter fraud even Stevie Wonder can see it and he still voting Democrat
MarkTwain
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“Never argue with stupid people, they will drag you down to their level and then beat you with experience" - Mark Twain
MarkTwain
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“Never argue with stupid people, they will drag you down to their level and then beat you with experience" - Mark Twain
MarkTwain
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“Never argue with stupid people, they will drag you down to their level and then beat you with experience" - Mark Twain
MarkTwain
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“Never argue with stupid people, they will drag you down to their level and then beat you with experience" - Mark Twain
MarkTwain
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“Never argue with stupid people, they will drag you down to their level and then beat you with experience" - Mark Twain
 
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