nortex97 said:

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He's got to disqualify/remove them, imho, and that means the Atlanta DA office.

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nortex97 said:

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He's got to disqualify/remove them, imho, and that means the Atlanta DA office.

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aggiehawg said:

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nortex97 said:

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He's got to disqualify/remove them, imho, and that means the Atlanta DA office.

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Were I the judge, I would disqualify them and turn the case over to the State AG's office for a thorough review before proceeding any further.

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Foreverconservative said:

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aggiehawg said:

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nortex97 said:

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He's got to disqualify/remove them, imho, and that means the Atlanta DA office.

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Were I the judge, I would disqualify them and turn the case over to the State AG's office for a thorough review before proceeding any further.

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And AG Carr is a Ruby Red Republican. He also was part of the movement to reject the 2021 certification on J6.

Has prosecuted actual RICO cases and political corruption cases

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Foreverconservative said:

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nortex97 said:

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He's got to disqualify/remove them, imho, and that means the Atlanta DA office.

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If the Judge removes Fani and Wade, it won't go to the same office she's in, it will go to the AG and likely be assigned to a neutral untainted office if at all. A case of this size, I'm guessing Augusta

FYI the AG Chris Carr is Republican

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AggieAces06 said:

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Are we expecting any more testimony this week? Seems like things ended abruptly last week.

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TXAggie2011 said:

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Foreverconservative said:

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nortex97 said:

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He's got to disqualify/remove them, imho, and that means the Atlanta DA office.

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If the Judge removes Fani and Wade, it won't go to the same office she's in, it will go to the AG and likely be assigned to a neutral untainted office if at all. A case of this size, I'm guessing Augusta

FYI the AG Chris Carr is Republican

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It will go to the state's Prosecutor's Association under Georgia state law.

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Ag with kids said:

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TXAggie2011 said:

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Foreverconservative said:

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nortex97 said:

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He's got to disqualify/remove them, imho, and that means the Atlanta DA office.

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If the Judge removes Fani and Wade, it won't go to the same office she's in, it will go to the AG and likely be assigned to a neutral untainted office if at all. A case of this size, I'm guessing Augusta

FYI the AG Chris Carr is Republican

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It will go to the state's Prosecutor's Association under Georgia state law.

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What is this?

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TXAggie2011 said:

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Foreverconservative said:

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nortex97 said:

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He's got to disqualify/remove them, imho, and that means the Atlanta DA office.

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If the Judge removes Fani and Wade, it won't go to the same office she's in, it will go to the AG and likely be assigned to a neutral untainted office if at all. A case of this size, I'm guessing Augusta

FYI the AG Chris Carr is Republican

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It will go to the state's Prosecutor's Association under Georgia state law.

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Quote:

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Effective July 1, 2022, the Prosecuting Attorneys' Council of Georgia received statewide authority to appoint substitute counsel when a district attorney or solicitor-general's office has a conflict of interest in a case. Since 2002, the Georgia Attorney General had been fulfilling that role. During the 2022 legislative session, the General Assembly modified O.C.G.A. 15-18-5 (district attorney conflict) and 15-18-65 (solicitor-general conflict) to make the Executive Director of the Prosecuting Attorneys' Council of Georgia the appointing authority.

The Official Code of Georgia directs that the main avenues for appointment of conflict cases are other district attorneys and solicitors-general, as well as the Georgia Attorney General. Therefore, the responsibility for prosecuting conflict cases belongs to all elected prosecutors in Georgia.

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TXAggie2011 said:

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Ag with kids said:

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TXAggie2011 said:

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Foreverconservative said:

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nortex97 said:

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He's got to disqualify/remove them, imho, and that means the Atlanta DA office.

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If the Judge removes Fani and Wade, it won't go to the same office she's in, it will go to the AG and likely be assigned to a neutral untainted office if at all. A case of this size, I'm guessing Augusta

FYI the AG Chris Carr is Republican

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It will go to the state's Prosecutor's Association under Georgia state law.

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What is this?

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It's a state law created non-profit organization that assists and helps oversee prosecutions in Georgia. https://law.justia.com/codes/georgia/2022/title-15/chapter-18/article-2/section-15-18-40/

To read about what would happen here:
https://pacga.org/resources/conflicts-of-interest/

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aggiehawg said:

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Quote:

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Effective July 1, 2022, the Prosecuting Attorneys' Council of Georgia received statewide authority to appoint substitute counsel when a district attorney or solicitor-general's office has a conflict of interest in a case. Since 2002, the Georgia Attorney General had been fulfilling that role. During the 2022 legislative session, the General Assembly modified O.C.G.A. 15-18-5 (district attorney conflict) and 15-18-65 (solicitor-general conflict) to make the Executive Director of the Prosecuting Attorneys' Council of Georgia the appointing authority.

The Official Code of Georgia directs that the main avenues for appointment of conflict cases are other district attorneys and solicitors-general, as well as the Georgia Attorney General. Therefore, the responsibility for prosecuting conflict cases belongs to all elected prosecutors in Georgia.

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Well, that's clear as mud.

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TXAggie2011 said:

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Ag with kids said:

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TXAggie2011 said:

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Foreverconservative said:

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nortex97 said:

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He's got to disqualify/remove them, imho, and that means the Atlanta DA office.

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If the Judge removes Fani and Wade, it won't go to the same office she's in, it will go to the AG and likely be assigned to a neutral untainted office if at all. A case of this size, I'm guessing Augusta

FYI the AG Chris Carr is Republican

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It will go to the state's Prosecutor's Association under Georgia state law.

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What is this?

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It's a state law created non-profit organization that assists and helps oversee prosecutions in Georgia. https://law.justia.com/codes/georgia/2022/title-15/chapter-18/article-2/section-15-18-40/

To read about what would happen here:
https://pacga.org/resources/conflicts-of-interest/

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Quote:

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Since 2002, the Georgia Attorney General had been fulfilling that role. During the 2022 legislative session, the General Assembly modified O.C.G.A. 15-18-5 (district attorney conflict) and 15-18-65 (solicitor-general conflict) to make the Executive Director of the Prosecuting Attorneys' Council of Georgia the appointing authority.

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TXAggie2011 said:

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I believe it just means they have broad discretion is appointing someone else to take over the case.

Every Georgia lawyer I've heard speak on this issue believes it would most likely be a geographically adjacent DA's office considering the case would still be handled in Fulton County in Judge McAfee's court; and those DAs have robust resources to handle a large case such as this

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Ag with kids said:

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Looks like according to that section, this guy will make the decision:

Executive Director, Peter J. Skandalakis

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Quote:

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On August 15, 2023, Executive Director, Peter J. Skandalakis, filed a motion seeking access to the Special Purpose Grand Jury's Final Report so that he could fully apprise any conflict prosecutor appointed to handle any matters concerning former State Senator Burt Jones of all the facts and circumstances surrounding the investigation.

The Prosecuting Attorneys' Council of Georgia is aware that the Special Purpose Grand Jury's Final Report has been released to the public. PAC has obtained a copy of the report and will review it thoroughly.

A special prosecutor has not been appointed to the case as of today and we do not expect an appointment to be made immediately. PAC will diligently continue its efforts to seek a special prosecutor to handle this matter. We have no further comments at this time, RULE 3.8 Special Responsibilities of a Prosecutor requires us to refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused.

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aggiehawg said:

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TXAggie2011 said:

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I believe it just means they have broad discretion is appointing someone else to take over the case.

Every Georgia lawyer I've heard speak on this issue believes it would most likely be a geographically adjacent DA's office considering the case would still be handled in Fulton County in Judge McAfee's court; and those DAs have robust resources to handle a large case such as this

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Well, that would suck for those DA's if they don't get a say in whether they take on this case or not, if I am understanding you.

Would one rather have an elected official make that decision? Or some non-accountable non-profit organization?

This case is already very unwieldy and complicated, quite the mess.

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Quote:

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The law is the law.

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JUST IN: Fani Willis accepts the Black History Achievement award. pic.twitter.com/S5FQQmAHEX

— Alex Cole (@acnewsitics) February 19, 2024

aggiehawg said:

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JUST IN: Fani Willis accepts the Black History Achievement award. pic.twitter.com/S5FQQmAHEX

— Alex Cole (@acnewsitics) February 19, 2024

She gets an award? Good grief.

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Foreverconservative said:

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Back in court



https://www.youtube.com/live/iIJUCypkHNw?si=k1EuUteVDneJvcCj

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aggiehawg said:

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That looks like Friday's session to me. Same clothes for Merchant and Cross.

ETA: Yeah, that's from Friday. I only watched that half a dozen times over the weekend. LOL.

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Quote:

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But what's worse is how the Fulton County DA's office conducted Willis's defense. At the hearing, it came out that Wade's attorney in his divorce proceeding, Terrence Bradley, had spoken with Ashleigh Merchant, the attorney for Mike Roman the indicted GOP political operative who brought the disqualification motion about when the relationship between Willis and Wade began. Worse, Bradley had done so in a text message, telling Merchant that her motion "looks good" in response to questions about its accuracy.
This put Willis's team in an impossible position. Do you argue that Bradley was sharing privileged information that couldn't be admitted in court, meaning his statement was true? Or do you argue that Bradley is untrustworthy?

Strangely, Fulton County chose to do both.

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Quote:

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In the same proceeding, Fulton County argued that Bradley only knew that Nathan Wade had a pre-appointment relationship with Fani Willis because he had told his lawyer about it in the course of his divorce representation.

But those same prosecutors had just seen Wade swear under oath that the relationship only began after he was appointed. If the communication was privileged, it was also true, and it contradicted the sworn testimony prosecutors had just seen Nathan Wade give. But no one took their ethical duty seriously enough to pause the hearing and direct him to tell the truth.

Or, nearly as bad, prosecutors could have known full well that the communication wasn't privileged, that Bradley knew what he knew as Wade's law partner, not as his lawyer. And that after Bradley received what seemed to be a glut of messages telling him not to testify, he decided to falsely swear that the communications were privileged so he wouldn't tank the trial. In which case, a lawyer obeying her duty of candor to the court should not have argued his claims were truthful.

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Quote:

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There were other ways that Fulton County's defense of their leader disappointed. There was Wade's constant evasiveness, claiming he did not remember how many cabins he had rented in his life, and that when he had sworn under oath that he had not had any relationships with other women while married, he meant while happily married.

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Quote:

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Meanwhile, Willis bulldozed into the courtroom with testimony so nonresponsive and embittered that the trial court had to threaten to strike her testimony a remedy I have never seen employed in a Georgia courtroom. An ordinary person who came to court and acted this way would likely be remanded into custody.

Then there's the simple fact that, in an effort to avoid this hearing, the Fulton County DA's office moved for sanctions against defense lawyer Ashleigh Merchant, claiming she had no good-faith basis to believe there was a pre-appointment relationship, despite the fact that they knew full well that Terrence Bradley had told her so, privileged or not.

Shockingly, the State dealt with Bradley's potentially devastating out-of-court statements with a completely irrelevant allegation of sexual assault. This evidence was not admissible the goal was to hurt him in front of the largest possible audience.

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Quote:

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In the interests of full disclosure, I am a Fulton County criminal defense lawyer, and I often appeal from Fulton County convictions. But it honestly shocked me to see the office act this way when it knew others were watching.

Judge Scott McAfee is now in an impossible situation. Any credibility finding he makes about when the Willis-Wade relationship started, or whether Wade was reimbursed, is bound to come under scrutiny, and it is likely that federal and state investigations into those facts will continue long after he makes a decision. And even if McAfee decides that he cannot consider privileged information to make his determination, there is no reason why the public could not access this information and make its own decision about whether Nathan Wade and Fani Willis told the truth.

But even without making any findings of credibility here, there is an obvious appearance of impropriety.

A judge is being asked to seriously consider whether the sitting district attorney perjured herself in this proceeding.

If this case were in federal court, disqualification would be a no brainer federal prosecutors are not allowed to participate in cases where someone with whom they have a close personal relationship has a substantial financial interest. In other words, they can't hire a spouse or boyfriend to be a special prosecutor.

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Judge Overseeing Trump’s Georgia Case Donated To Fani Willis Campaign Prior To Appointment from @katesrichardson https://t.co/vzjMsBd9bs

— Daily Caller (@DailyCaller) February 21, 2024

aggiehawg said:

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Judge Overseeing Trump’s Georgia Case Donated To Fani Willis Campaign Prior To Appointment from @katesrichardson https://t.co/vzjMsBd9bs

— Daily Caller (@DailyCaller) February 21, 2024

Well, isn't that just peachy?

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captkirk said:

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aggiehawg said:

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Judge Overseeing Trump’s Georgia Case Donated To Fani Willis Campaign Prior To Appointment from @katesrichardson https://t.co/vzjMsBd9bs

— Daily Caller (@DailyCaller) February 21, 2024

Well, isn't that just peachy?

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He worked for her in the past, which is even more of a conflict

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