Fanni Willis removed from Trump case by GA Ct of Appeals

5,277 Views | 56 Replies | Last: 6 days ago by Gator92
aggiehawg
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Buh-bye!

Quote:

The Georgia Court of Appeals has officially disqualified Fulton County DA Fani Willis from prosecuting President-elect Donald Trump and his remaining co-defendants in the crumbling 2020 election interference case.
Quote:

According to the 31-page decision handed down Thursday, the state's appeals court ruled that there was, in fact, a conflict of interest that arose when Willis hired special prosecutor Nathan Wade and proceeded to have an undisclosed affair with him during the prosecutorial process.


Great job Ashleigh Merchant!
aggiehawg
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Quote:

Applying the "appearance" standard, the three-judge panelcomprised of all GOP appointeesconcluded that the "significant" "appearance of impropriety" was indeed "improper."
"While we recognize that an appearance of impropriety generally is not enough to support disqualification, this is the rare case in which disqualification is mandated and no other remedy will suffice to restore public confidence in the integrity of these proceedings," the ruling reads, finding that the lower court's "remedy" was insufficient.
Judge Scott McAfee, the Fulton County trial judge who had presided over the Democrat DA's prosecutorial misconduct proceedings earlier this year, ultimately allowed Willis to remain in charge of the case, so long as Wade resigned. Within hours of McAfee's non-disqualification decision, Wade recused himself for the sake of the case's continuance.
After "carefully considering" the trial court's findings, the appeals court found that McAfee "erred by failing to disqualify DA Willis and her office."
"The remedy crafted by the trial court to prevent an ongoing appearance of impropriety did nothing to address the appearance of impropriety that existed at times when DA Willis was exercising her broad pretrial discretion about who to prosecute and what charges to bring," Thursday's decision says.
LINK
doubledog
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Now disbar her.... !
CanyonAg77
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Why does it take years for courts to decide what normal people realize instantly?
Squadron7
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CanyonAg77 said:

Why does it take years for courts to decide what normal people realize instantly?

Hourly rates.

See Jarndyce v. Jarndyce, Chancery Court, 1853.
2000AgPhD
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This is good start to my Thursday!
Philip J Fry
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CanyonAg77 said:

Why does it take years for courts to decide what normal people realize instantly?


Trump winning the presidency.
Martin Q. Blank
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That case is still going on?
Tramp96
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How long until she screams that this decision by the appeals court was racist and misogynistic?

My prediction is before noon (CST).
Ellis Wyatt
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Tramp96 said:

How long until she screams that this decision by the appeals court was racist and misogynistic?

My prediction is before noon (CST).
...and that it violates the "appearance" standard.
aggiehawg
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Martin Q. Blank said:

That case is still going on?
Her entire office is disqualified, not just her. So that means another GA county could in theory take it up but once Trump is in office it would be stayed. Then there is the question of how much of her case stemmed from Trump's official actions while he was in office the first time under the SCOTUS immunity decision. (Hint: All of it.)

So while technically still on the books, it is effectively dead as to him, at the very least. But I expect Judge McAfee to dismiss it in total since all of the other defendants are connected to Trump.

And as I said before, Trump should appoint Ashleigh Merchant as US Attorney for the Northern District of Georgia. She's that good and would clean up a lot of the corruption in Fulton County. Starting with Fanni.
SwigAg11
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I agree on appointing Merchant, but wouldn't that be a HUGE paycut for her?
Urban Ag
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Tramp96 said:

How long until she screams that this decision by the appeals court was racist and misogynistic?

My prediction is before noon (CST).
Answer: Who cares?

aggiehawg
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SwigAg11 said:

I agree on appointing Merchant, but wouldn't that be a HUGE paycut for her?
Her husband is still in private practice. They would be fine. He might be conflicted out on some federal prosecutions she brings but four years of being US Attorney is quite a resume enhancer. A position on the bench is not out of the question, for instance.
CDUB98
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BWAHAHAHAHH, suck it, Fanny.
TXAggie2011
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aggiehawg said:

Martin Q. Blank said:

That case is still going on?
Her entire office is disqualified, not just her. So that means another GA county could in theory take it up but once Trump is in office it would be stayed. Then there is the question of how much of her case stemmed from Trump's official actions while he was in office the first time under the SCOTUS immunity decision. (Hint: All of it.)

So while technically still on the books, it is effectively dead as to him, at the very least. But I expect Judge McAfee to dismiss it in total since all of the other defendants are connected to Trump.

And as I said before, Trump should appoint Ashleigh Merchant as US Attorney for the Northern District of Georgia. She's that good and would clean up a lot of the corruption in Fulton County. Starting with Fanni.


It won't work that way, none of the other defendants have immunity or get some kind of collateral immunity from Trump.(The only exception being the state legislator who by state law gets the case stayed while the legislature is in session.)

Besides, Mark Meadows already went all the way to the US Supreme Court saying this stemmed from official duties and he lost that appeal.


Merchant got the original dirt, good for her, but was entirely out-shown at the actual hearings and in the briefings. And I don't think she would have any interest in becoming a prosecutor.


Willis of course will appeal this, so we will need to wait and see if this stands up at the Georgia Supreme Court.
rocky the dog
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Elections are when people find out what politicians stand for, and politicians find out what people will fall for.
aggiehawg
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TXAggie2011 said:

aggiehawg said:

Martin Q. Blank said:

That case is still going on?
Her entire office is disqualified, not just her. So that means another GA county could in theory take it up but once Trump is in office it would be stayed. Then there is the question of how much of her case stemmed from Trump's official actions while he was in office the first time under the SCOTUS immunity decision. (Hint: All of it.)

So while technically still on the books, it is effectively dead as to him, at the very least. But I expect Judge McAfee to dismiss it in total since all of the other defendants are connected to Trump.

And as I said before, Trump should appoint Ashleigh Merchant as US Attorney for the Northern District of Georgia. She's that good and would clean up a lot of the corruption in Fulton County. Starting with Fanni.


It won't work that way, none of the other defendants have immunity or get some kind of collateral immunity from Trump.(The only exception being the state legislator who by state law gets the case stayed while the legislature is in session.)

Besides, Mark Meadows already went all the way to the US Supreme Court saying this stemmed from official duties and he lost that appeal.


Merchant got the original dirt, good for her, but was entirely out-shown at the actual hearings and in the briefings. And I don't think she would have any interest in becoming a prosecutor.
Spectacularly bad take. Calling what Fanni did "dirt" as opposed to what it really was, fraud upon the state to enrich herself and her boo with tax payer funds, begs the question.

This was a case that should have never been brought and certainly was not a RICO case. Just like her YSL RICO case which fell apart recently as well. (And Merchant played a role in that as well.)

Any other county DA would be insane to take up this case as it stands. Just like the YSL case, it would collapse under its own weight on a legal basis. Politically, it could be disastrous for any county DA seeking reelection outside of Fulton County.
Ellis Wyatt
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Quote:

Quote:




Merchant got the original dirt, good for her, but was entirely out-shown at the actual hearings and in the briefings. And I don't think she would have any interest in becoming a prosecutor.
Spectacularly bad take. Calling what Fanni did "dirt" as opposed to what it really was, fraud upon the state to enrich herself and her boo with tax payer funds, begs the question.
Not to mention the collusion with the DOJ to influence an election.

Im Gipper
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Haha!

They threw her off the side of the Titanic right as it hit the iceberg!

If this lady had any ability to think critically, she would have seen the writing on the wall and dismiss this case to save herself this additional embarrassment.

I'm Gipper
Fightin_Aggie
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CDUB98 said:

BWAHAHAHAHH, suck it, Fanny.


That's what caused the problem in the first place
The world needs mean tweets

My Pronouns Ultra and MAGA

Trump 2024
aggiehawg
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Im Gipper said:

Haha!

They threw her off the side of the Titanic right as it hit the iceberg!

If this lady had any ability to think critically, she would have seen the writing on the wall and dismiss this case to save herself this additional embarrassment.
More like Fanni took a swan dive off of the top deck of the Titanic. Entirely self-inflicted. Only she is too stupid to see it.
Marvin_Zindler
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This is still one of Trump's greatest hits:

TXAggie2011
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Im Gipper said:

Haha!

They threw her off the side of the Titanic right as it hit the iceberg!

If this lady had any ability to think critically, she would have seen the writing on the wall and dismiss this case to save herself this additional embarrassment.
If she didn't seek reelection, this issue would have been moot and the case would already be back at the trial court for her successor to handle how they see fit. But she's obviously not one to do that, or dismiss something on her own volition.

She'll appeal this, of course, and might have a decent chance at winning that appeal. I didn't realize at first there was a dissent and this was split 2-1.

Fleischmann's a Georgia criminal defense lawyer who doesn't have the time of day for Fani Wilis...




whatthehey78
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Im Gipper said:

Haha!

They threw her off the side of the Titanic right as it hit the iceberg!

If this lady had any ability to think critically, she would have seen the writing on the wall and dismiss this case to save herself this additional embarrassment.
Her 'value system' isn't like yours...or mine.
aggiehawg
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FTR: Fanni could in theory appeal this case to the GA state supreme court. But they don't have to take it.

We'll see if she continues to be clueless and tries to appeal it.
GeorgiAg
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Fulton County.
aggiehawg
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GeorgiAg said:

Fulton County.
They are too complacent with the corruption in that county. Fanni's predecessor, Howard, was the county DA for over 2 decades and got away with a ton of corruption and often did the same thing Fanni did by publicly commenting extensively on pending cases. That presser Howard gave against the cop in the Wendy's restaurant case was way over the top, not to mention factually wrong. He inflamed the resulting riot and burning down of that restaurant and another death or two, including a young child.
TXAggie2011
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aggiehawg said:

FTR: Fanni could in theory appeal this case to the GA state supreme court. But they don't have to take it.
A 2-1 split decision in which the appellate court applies, in its own words, an "extraordinary" remedy even when the appellate standard is abuse of discretion by the trial judge...that seems what Supreme Courts are made for.

But yes, they don't *have* to take it.
annie88
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Now they need to do that to Leticia James too. All these idiots that thought they were going to "take Trump down" and they're all getting theirs.
aggiehawg
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Are you still defending her? And the propriety of her colluding with the Biden administration in even bringing this crap case? And that was the least of the very bad decisions she made in this case.
TXAggie2011
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aggiehawg said:

Are you still defending her?
I haven't defended her bringing Nathan Wade onto this case in the least bit.

But the Court Opinion is poorly crafted, even setting aside its conclusion.
Trajan88
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Will Fani get wiped and flushed?

Magic 8 Ball says: "Yes"
TXAggie2011
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TXAggie2011 said:

aggiehawg said:

FTR: Fanni could in theory appeal this case to the GA state supreme court. But they don't have to take it.
A 2-1 split decision in which the appellate court applies, in its own words, an "extraordinary" remedy even when the appellate standard is abuse of discretion by the trial judge...that seems what Supreme Courts are made for.

But yes, they don't *have* to take it.
Fulton County has already filed their Notice of Appeal.

aggiehawg
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Well, that answers that question. She is too stupid to read the writing on the wall here. Trying to keep a zombie case alive that was always going to be a colossal cluster if it ever went to trial. Way too many defendants to be tried at one time in one court room. Divergent charges, etc.

Anyone watching the dress rehearsal with the Young Thugs RICO case wherein she made the exact same mistake in scale, could see her office was woefully incompetent for such complicated criminal litigation. Case just fell apart under its own weight, even with a complicit judge. (Who was removed from the case, to boot. Thanks to Ashleigh Merchant.)

If Fanni wanted to retrench, allow McAfee to dismiss the entire case scale it back breaking it up into several cases, pick the strongest charges against the other defendants and try to get new indictments before the statute of limitations runs out. Definitely drop the RICO charges as they were very weak to begin with.
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