When Atlanta Judge Scott McAfee ruled recently in the Fani Willis decision TechnoFog noted, “Judge McAfee rules that only one potential liar can prosecute the case – but not both potential liars. Instead of curing the “appearance of impropriety”, it allows it to continue. If Nathan Wade goes, why can Fani Willis stay? McAfee doesn’t give an answer.”
To chase down this judicial question, lawyers representing President Trump and seven co-defendants, collectively accused of RICO conspiracy, today asked McAfee to issue a certificate of immediate review of his order denying disqualification of Fani Willis.
The certificate, if issued, would allow the defendants to seek an immediate appeal of the order. Because in order for President Trump to appeal the order denying disqualification prior to trial, the defendants must obtain a certificate of immediate review within 10 days from the date of the order. Today Trump’s lawyers asked for that certificate. [pdf of motion HERE]
(VIA NBC) – […] It’s important to note that there isn’t an automatic right to appeal at this stage. Rather, McAfee would need to grant permission to do so within 10 days of his ruling, and then the state appeals court would need to agree to hear the case. If that happens, it could bring yet more delay to the prosecution that doesn’t even have a trial date yet and has already been sidetracked by the disqualification motion that led to McAfee’s ruling.
It’s unclear if the judge would grant such permission to appeal at this stage. In a recent unrelated ruling in which he dismissed some of the indictment’s counts, McAfee said he’d be inclined to permit an appeal of that ruling. But he didn’t say that in his disqualification order. That doesn’t automatically mean he wouldn’t permit an appeal, but he didn’t go out of his way to signal his openness to the idea like he did in his dismissal ruling.
In his disqualification order, McAfee said that the defense failed to prove an actual conflict of interest, but that the appearance of impropriety meant that either Willis (and her whole office) or special prosecutor Nathan Wade had to go. Wade resigned that same day. Though he deemed a speech she gave improper, McAfee declined to disqualify Willis because of alleged “forensic misconduct” based on it. If defendants are allowed to mount an appeal, they could cite the damning facts McAfee found to argue that he reached the wrong legal conclusion by not disqualifying Willis. (read more)
Robin Yeartie is relegated to one sentence. One sentence!
McAfee says Yeartie's testimony "lacked context and detail."
But this isn't true. Yeartie provided context and detail: observations of the romance, admissions from Fani Willis, etc.
All purposefully ignored. pic.twitter.com/fLOenoD8QV
— Techno Fog (@Techno_Fog) March 15, 2024
Here is the joint motion that President Trump and I filed today asking Judge McAfee to issue a certificate of immediate review. We want the Georgia Court of Appeals to immediately take up the disqualification of District Attorney Fani Willis.https://t.co/vUPyHcSd0L pic.twitter.com/eAKM8FADe4
— David Shafer (@DavidShafer) March 19, 2024
Statement of Steve Sadow, lead defense counsel for President Trump in the Fulton County, GA case:
“President Trump and seven defendants have jointly filed a motion requesting the Court to grant a certificate of immediate review of its Order denying dismissal of the case and disqualification of Fulton County DA Willis. The motion notes that the Court found that Willis’ actions created an appearance of impropriety and an “odor of mendacity” that lingers in this case, but it nonetheless refused to dismiss the case or disqualify her. The motion further notes that the Court found Georgia case law lacks controlling precedent for the standard for disqualification of a prosecuting attorney for forensic misconduct. For these reasons among others, the Court’s Order is ripe for pretrial appellate review.” (LINK)
He won’t allow it! He’s too worried about himself!
I suspect that he WILL allow it. Takes the responsibility out of his hands and makes the appellate court the focus of discussion.
I recall the judge essentially inviting the defense to appeal his decision.
Possibly, he does have a challenger for his judgeship this fall.
Democrats are making a MOCKERY of our judicial system. The judicial system is now being USED and ABUSED by the very practitioners who take an oath to uphold the law.
Is it the democrats that are destroying the integrity and confidence in the judicial system or the ideological, corrupt and activist judges themselves? There is nothing that I know of that requires judges to rule according to the letter of the law and there are rarely any consequences for ruling in opposition of written law, in other words the law and justice are two totally different things these days.
Democrats or “…ideological, corrupt and activist judges…,” one and the same, there’s no difference; one with the complicity/duplicity of the other has destroyed the Judiciary.
The lawfare trash is doing exactly as they set out to do. Keep all of this total bs in the media and run up PDT’s defense costs. Regardless of the outcome of this lawfare bs, the actual financial costs will likely run into the 100s of millions.
I agree that most are Democrats.
I disagree that it is only Democrats making a mockery of the system.
Everyone involved is a Lawyer.
They regulate themselves through BAR Associations.
Lawyers are making a mockery of the system by not fixing it.
100% agree with everything else you said. Spot on.
Trump lawyers will do their best to show McAfee to be the idiot he is.
If Willis did not have a conflict of interest before the ruling, she darn sure has one now. Fani Willis absolutely has to get a conviction by any means necessary to vindicate her choices, actions, and vast expenditures on this case.
Unless Willis is superhuman (and the record shows she is not…), self-vindication will far outweigh justice or the public interest in her decisions. I can understand what Judge McAfee hoped for in his ruling, and see it as teeing up the ball for someone else to kick. The ruling itself created a new reality that requires action. If Sadow makes further argument, I hope he will point this out.
What we have is NOT a failure to communicate but money laundering, bribery, and lying under oath. Uniparty GA GOV Kemp is the head of the snake
Agreed, Kemp is the one who appointed McAfee and Kemp could end this circus in less than five minutes.
Kemp is a rino eunuch. He won’t do anything that could even appear to benefit PDT. If there’s a bigger smoldering pile of human crap as a governor, can’t imagine who that would be. At least the leftist governors in blue states don’t hide who they are and who their puppet masters are. This Kemp waste of space is worse.
He’s also another political grifter.
I might offer up Hobbs in Arizona who was inserted in 2022.
There is no doubt in my mind Willis should be completely removed from this fabricated case and the case should be thrown out but if the case is not thrown out I can’t think of anyone better than her to lead the persecution.
She is dumber than a box of rocks and she will screw her so called case up even more.
She is obviously dumb, but she isn’t the one really prosecuting this case. It is being done for her by some agent(s) of the deep state. That’s why she hired fellow dummy Nathan Wade and why they were going on numerous lavish vacations. They knew that they didn’t have to do any real work and that they would be well taken care of if they played along.
🎯
That’s a great point Kim. “They didn’t have to do any real work and … they would be well taken care of IF THEY PLAYED ALONG.” Every part of your sentence is key.
They = conspiracy
No real work = Theft of Honest Services
They Would Be Well Taken Care Of = acceptance of an illegal gratuity
If They Played Along = solicitation of a crime
all are criminal felonies.
A normal attorney, at a fulcrum moment in their professional career, might shun outside distractions to focus on putting up their best possible case, using every waking hour to try to tip the decision in your favor.
If you’ve never worked hard to earn something, you have no idea. Unearned privilege, unearned authority – huge sense of entitlement and self worth.
I knew people who refused to take a vacation for a year or more, not believing that they had earned the time off yet.
I think she thought that she was going to make her career prosecuting Donald Trump. Instead she’s opened herself up to charges of perjury, witness tampering, embezzlement, money laundering and a whole host of other charges. It would be absolutely hilarious if Willis is the one who ends up in jail
Hilarious, but unlikely. It is rare for a Democrat to be held accountable for their crimes.
Home of the brave, land of the free….& where weasel’s rule the judiciary.
Items like the following give more hope for our court system.
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How much hope? Well, that’s a horse of a different color.
https://www.zerohedge.com/political/blow-biden-supreme-court-sides-texas-over-enforcement-immigration-law
Fulton County DA Fani Willis needs a Drug Test for illegal drugs.
Vote his a$$ out!
It is not supposed to be incumbent on the defendant to prove the prosecution had a conflict of interest. It is incumbent on the prosecution team to avoid all appearance of conflicts of interest. The prosecutor (and all officers of the court) are supposed to promote justice not push their personal agenda. Giving even a hint of personal conflict of interest destroys confidence in justice.