From "Trump Lawyer Argues ‘Appearance of Impropriety’ Is Enough to Disqualify Prosecutor/Lawyers argued about whether the prosecutor Fani Willis has an untenable conflict of interest in the Georgia election case; her side called the disqualification effort 'desperate'" (NYT).
The Trump side argued both that appearance of impropriety is enough, but it also argued that it had proven actual grounds for disqualification — 6 of them.
पोस्ट्स
४५ टिप्पण्या:
They used tax payer money as a tag team to enjoy and hide personal perks.
Comforting we have grifters and clowns prosecuting Trump.
btw- do not forget all of this is being directed by Biden and his corrupt DOJ.
... while [Adam Abbate, a prosecutor in District Attorney Fani Willis’s office] had a more halting, and at times fumbling, presentation...
Take a quick watch and see how bad it really was.
They stayed at a Doubletree in Napa? How gauche!
Obviously that clears them.
At least one of the 6 conflicts involved the whole DA team defending W&W. Allowing false testimony, iirc.
I predict fanni and her BF will skate.
why? because banana republic.
Abbate is no Wisconsin Law alum; that I can tell you.
Willis didn't just show up: she disruptively came in with a group of others, kept changing chairs, made faces, and practically kicked the defense table.
The performance of her attorneys -- public servants for whom we pay, was embarrassing. Even more embarrassing is the incompetence of Mr. Wade, whom she hired with our money and who is not a credible choice for his role.
On the other side, Steve Sadow showed how it is done. No nervous little "start with a metaphor" cringes; vast understanding of this law, understated delivery. That drove his points home. Even if Willis let Mr. Wade pay for trips then reimbursed him, where's the required paperwork for that transaction? Bang. Calling your opponents racists in a televised appearance in a church is an attempt to prejudice the jury. Bang.
It's a shame, but this is the way Willis used to try cases. No, she isn't stupid nor incompetent. A culture of pocketing public money without consequences will strip you of your real value. She was a rightfully respected DA once.
Unfortunately, there are few good choices for moving the case. DeKalb and Gwinnett are leftist cesspools. So is Cobb now, once Gingrich's stomping ground. Forsyth? Bad optics. Savannah? Forget it, Jack.
Georgia will be blue soon. Everything is demographics.
The Fulton County DA office doesn’t have any best and brightest.
Throwing her off the case ends the case. Another prosecutor will refuse to prosecute.
It was pretty embarrassing to watch. I think Willis and Wade (both of whom were in the courtroom for Abatte’s argument) realized too (based on the looks on their faces - when you could see them).
The other sides argument about the 6 actual conflicts demanding disqualification and dismissal was pretty compelling.
Wince
That was painful. It also sounded as if the judge wasn't convinced that Abbate was making his case.
Under Abbate novel theory, a DA could take a large sum of money to prosecute a person and not be disqualified because it wasn't due to the result of the trial. Alas, one case law precedent Abbate didn't cover was the previous time Fani Willis was disqualified. Likely because it didn't require the trial to occur first, which would have ruined his argument.
Charlie: "They stayed at a Doubletree in Napa? How gauche!
Obviously that clears them."
Surprising choice of accomodations given the breakfast at Andaz is light years better and that gal doesnt appear to have missed many meals.
Democrats in the South love three things; slaves, the KKK, and crooked politicians.
The disingenuousness of the NYT knows no bounds.
Trying to pretend that the defense is relying on the weak “appearance of impropriety” when they know that the actual evidence should result not only in dismissal but in disbarment for the whole sorry lot of them.
BTW per power line the lawyer who argued the 6 points of actual impropriety is the legendary “Buckhead” who broke Rathergate.
I think McAfee will rule that the totality of circumstances does not rise to the level of disqualification.
[Adam Abbate, a prosecutor in District Attorney Fani Willis’s office]
So, this would be one of the employees Big Fani decided to keep, after she and Nathan Wade interviewed them all, and made them kiss her ass and call themselves racists and so on.
Oh, they're sending their best. They are. Their best just isn't very good, is all. But I'll bet he kisses her ass the way she likes it kissed. Makes Nathan jealous.
Although, just between you and me, I'm guessing Nathan is actually fairly happy to have someone to share the work. Kissing Fani's ass is a job that could keep a lot of people busy. Good thing she's rich. You do have to wonder how she got that way, on her salary.
Of course they proved their allegations. You literally have to lie or be as dumb as dogshit to not understand this. I still predict the judge rules that the allegations aren't proven and thus he can't disqualify them. He basically has no choice since, if he does disqualify them, he will have to throw out all their work at the same time, or have to make an even worse decision by keeping it all while admitting the conflict of interest is a problem- it is a ready-made appeal that won't even wait for a verdict. The protestors will burn his house down if he throws out the investigation done to this point, and he doesn't seem that brave or ethical a man to me.
These unprecedented attacks on a popular presidential candidate are beyond ridiculous. Does anyone know when the revolution is supposed to start? I'm not willing to break anything or hurt anyone, but I'd like to have my protest sign ready.
Well, never mind all that. Water under the dam, or over the bridge, or wherever the water goues. Now we've got a tasty helping of witness tampering! With a side of perjury, natch. Would you like our special Fani sauce with that?
1. "Abbate is no Wisconsin Law alum; that I can tell you."
2. Georgia Law
3. Wisconsin Law
Well, Rich and I agree that the judge will turn a blind eye, so I have to wrong- he will throw them and the case out.
After the obvious absurdity of their "testimony," might it serve Trump better if Fani and her boytoy are not disqualified?
Oh come on. They are government employees how good do you have to be to work for the government. I guess they're good enough which I hear is a pretty high bar.
relying more on his recitation of precedent and case law.
Based on comments from the judge, seemed more like he was relying on his mis-citation of precedent and case law.
My bet is on the judge finding insufficient evidence of prosecutorial impropriety to dismiss the charges, but suffient evidence of the appearance of impropriety resulting in a disqualification of the prosecutor's office.
@Yancy Ward: based on what I heard and read from McAfee, I think he will shy away from wanting to make any specific finding on Willis's credibility about when their relationship began. I think he will say that the issue of their alleged financial improprieties is a matter for the Georgia Bar and the voters and not a basis for disqualification.
"Adam Abbate, a prosecutor in District Attorney Fani Willis’s office"
Are they going to keep trying Trump until prosecutor Zephram Zyzzick finally gives up?
Remember when they used to say that Trump could not get a decent attorney to represent him anymore, because he was so obviously guilty? He seems to have gotten past that hurdle. Probably something to do with the cases against him being shit.
If they keep her - the whole thing is a tainted joke.
win win!
John Milius describing glorious futility and pointlessness:
I love the smell of napalm in the morning. You know, one time we had a hill bombed, for 12 hours. When it was all over, I walked up. We didn't find one of 'em, not one stinkin' dink body. The smell, you know that gasoline smell, the whole hill. Smelled like…victory. Someday this war’s gonna end.
Prosecuting Donald Trump is where a prosecutor goes to destroy his or her reputation and career.
Rich,
If he does that, he guarantees any guilty verdict gets tossed out on appeal. That is why the appearance of impropriety alone is enough to toss Willis and Wade off the case and force the prosecution to go back to square one. However, there isn't just an appearance here- the evidence is pretty overwhelming that the affair began before Wade was appointed and that both of them have committed perjury in denying this fact. That anyone can defend and excuse this behavior is pretty shocking, but that is what cretins do I suppose.
Rich:
What was the purpose of 3 days of Testimony? Your explanation defies the entirety of the exercise
Willis should find another black church to desecrate with the lies out of her whoah mouth.
i think the judge will be unable to remove enough kangaroos to make this an honest proceeding.
Howard said...
" John Milius describing glorious futility and pointlessness:
I love the smell of napalm in the morning. You know, one time we had a hill bombed, for 12 hours. When it was all over, I walked up. We didn't find one of 'em, not one stinkin' dink body. The smell, you know that gasoline smell, the whole hill. Smelled like…victory. Someday this war’s gonna end."
Charlie don't surf
Yancey Ward said...
"Rich,
That anyone can defend and excuse this behavior is pretty shocking, but that is what cretins do I suppose."
Yancy should know- he has a law degree from Trump University.
Yinzer said...
"Remember when they used to say that Trump could not get a decent attorney to represent him anymore, because he was so obviously guilty? He seems to have gotten past that hurdle."
Are we talking about the same Trump who has paid a few million to Habba- an attorney who doesn't know how to demand a jury trial and who doesn't know how to mark a document for identification?
If they are going to get serious about using this "appearance of impropriety"standard, that would mean old Clarence might be out of a job pretty soon.
Blogger Howard said...
" John Milius describing glorious futility and pointlessness:
I love the smell of napalm in the morning. You know, one time we had a hill bombed, for 12 hours. When it was all over, I walked up. We didn't find one of 'em, not one stinkin' dink body. The smell, you know that gasoline smell, the whole hill. Smelled like…victory. Someday this war’s gonna end."
never get otta the boat.
I think McAfee will reject the narrower legal standard suggested by the DA of requiring "actual conflict," and instead will use the "appearance of impropriety" standard argued by the defense. However, as I mentioned before, I think McAfee will rule that the totality of circumstances do not rise to the level of disqualification.
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