Fani Willis can remain on Trump Georgia case if special prosecutor steps aside
Last edited Fri Mar 15, 2024, 12:41 PM - Edit history (6)
Source: Washington Post (gift article/no paywall)
ATLANTA -- The judge overseeing the Georgia election interference case against former president Donald Trump and his allies rejected an effort to disqualify Fulton County District Attorney Fani T. Willis (D) from the case over a romantic relationship she had with the lead prosecutor she appointed.
In a 23-page ruling issued Friday, Fulton County Superior Court Judge Scott McAfee wrote that defendants "failed to meet their burden" in proving Willis's relationship with special prosecutor Nathan Wade was a "conflict of interest" enough to merit her removal from the case. But the judge also found an appearance of "impropriety" and said either Willis and her office must fully leave the case or Wade must withdraw from the proceeding.
(snip)
McAfee's order is a significant legal victory for Willis, who maintains control of the historic criminal case against the former president and his allies that she began investigating more than three years ago. But the tawdry diversion has come at a personal and professional cost to Willis, as embarrassing details of her personal life and romantic relationships have come under scrutiny inside the same courtroom where she had hoped to put Trump and his co-defendants on trial this August.
(snip)
But even allies of Willis fear the case against Trump could be irreparably damaged, with Willis's actions having undermined public confidence in the prosecution. And the tawdry claims against Willis are unlikely to go away -- especially in the public realm where she has already faced political attacks from Trump and his supporters, racist criticism and threats from those opposed to her prosecution of the former president.
Read more: https://wapo.st/43gqB13
From the judge's ruling:
You can find the entire ruling here: https://www.nytimes.com/interactive/2024/03/15/us/judge-s-decision-on-disqualification-in-the-trump-case.html
Further reading: How Fani Willis' Donald Trump Case Changes Without Nathan Wade (Newsweek)
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Further reading: Fani Willis Threatened Nathan Wade's Wife, New Ethics Complaint Alleges
Further reading:
Fani Willis Actions 'Wasted' Time in Donald Trump Case--George Conway
Climate Crusader
(54 posts)...and take a back seat, though still visible.
Let's get the focus back where it belongs.
Kennah
(14,270 posts)Climate Crusader
(54 posts)I'd just like to get the focus back where it belongs- on Trump!!!
iluvtennis
(19,861 posts)and let someone else lead.
mahatmakanejeeves
(57,464 posts)Hat tip, CNN
By CNN staff
1 minute read
Updated 9:22 AM EDT, Fri March 15, 2024
(CNN) Judge Scott McAfee ruled on Friday that Fulton County District Attorney Fani Willis can stay on and prosecute the Georgia 2020 election interference racketeering case against former President Donald Trump and 14 of his co-defendants.
McAfee said, however, that Willis would have to remove special prosecutor Nathan Wade from the case in order for her and her office to remain.
Read McAfees decision here:
{snip}
The judge didn't waste any time, did he?
And good morning.
moniss
(4,245 posts)a plain ruling he could have made from the bench the day the hearing ended. Nothing complicated about the ruling. So Judge you feel there is an "appearance" problem with both of them on the case. But it takes you two weeks to figure out that removing one removes the appearance? Sure thing judge. God forbid anything really complicated in this trial comes up. You'll have us waiting 30 years for a decision.
Martin68
(22,803 posts)If hastily issued it would have also been possible grounds for appeal. Justice does not and should not proceed at internet speed.
moniss
(4,245 posts)but even "I Lean" ruled from the bench immediately on the dismissal motion in Florida. I see nothing in the decision that is groundbreaking legal reasoning about an appearance and how to correct it. That is a mostly boilerplate matter and most law clerks should be able to hammer that together in a day or two at the very most. Not 2 weeks. We've just spent 10 weeks on this from the time of accusation to this. The trial at hand won't likely be that long. If it ever happens because Georgia just signed their shiny new "persecute the prosecutor" law and there is no doubt they will be itching to use it.
The more that judges entertain delays the more delays will beget delays. It's what happens. I refer people to the Blue Cross/Blue Shield current class action case as an example. The parties reached a settlement several years ago but the courts have entertained endless filings and even allowed a case against the settlement to be heard and appealed that was filed by a non-party to the suit based on the idea that "maybe this case settlement", "might impact them", "maybe in some way", "maybe at some date in the future" and therefore they should be able to litigate against the parties in the underlying case. So the judge entertained a hypothetical bootstrap to a hypothetical bootstrap to drag a case on for years. And it's not over yet because for the next few months we are still in the appeal filing window for the latest loss by the bootstrapping litigant. The underlying case was filed in 2012. After 8 years of litigation the parties agreed to a settlement. Since 2020 that settlement then was beaten around by the judge and others until finally in 2022 the judge relented and approved the settlement but of course the hypothetical bootstrapper may go on and on and any actual reimbursement to policyholders is not likely before 2025/2026.
Martin68
(22,803 posts)deeply the two parties were involved, as well as whether there were any quid pro quos involved in the course of the relationship. How is that a "boilerplate matter?"
moniss
(4,245 posts)not the hearing. Boilerplate always refers to the written decision. You don't say a particular event or strategy is "boilerplate". That is when something is called "textbook" if it follows a classic well known track. Boilerplate is the kind of standard phrasing and paragraphs you find in contracts etc. and in very common judicial decisions about very common things. Like an appearance of conflict.
Martin68
(22,803 posts)regarding the reason it took two weeks to come to a decision. During those two weeks the investigation took place. I was responding to a comment complaining about the length of time it took to rule on the issue. I was explaining why its took two weeks to reach a decision. I'm not sure why you focused on the boilerplate decision that was issued after the investigation.
moniss
(4,245 posts)the investigation. I'm talking about the decision. As I said it was something, especially based on the ability to grab boilerplate text from prior case law, that should take no more than a couple of days. You felt it needed two weeks for apparently your idea that some deep legal thinking had to consult the Ghost of Clarence Darrow in order to arrive at a decision.
But as I said to you in an additional comment it turns out you were incorrect. Apparently you did not see the news item from yesterday that, in fact, the decision was ready in a couple of days but was held back while security threats were addressed. I have no idea where you get that the investigation was only 2 weeks. The investigation of the matter by the parties took place prior to the hearing and continued through the hearing. All of that was longer than two weeks.
Martin68
(22,803 posts)PortTack
(32,771 posts)moniss
(4,245 posts)he did in fact have the decision ready within a couple of days means it could be done as I said. The delay had nothing to do with not being hasty and being overturned on appeal.
Hermit-The-Prog
(33,348 posts)Fani Willis did not commit crimes against the voters of Georgia or of the nation. traitortrump and his co-conspirators did.
It is just plain stupid to allow appearances to interfere with stopping criminals.
republianmushroom
(13,597 posts)Willis relationship has nothing to do with the evidence of the trial.
Hermit-The-Prog
(33,348 posts)spooky3
(34,456 posts)Was unprofessional. So, if you show anger at being falsely accused, youre too uppity.
BumRushDaShow
(129,053 posts)Updated 9:35 AM EDT, March 15, 2024
ATLANTA (AP) Fulton County District Attorney Fani Willis must step aside from the Georgia election interference case against Donald Trump or remove the special prosecutor with whom she had a romantic relationship before the case can proceed, the judge overseeing it ruled Friday.
Fulton County Superior Court Judge Scott McAfee did not find that Willis relationship with special prosecutor Nathan Wade amounted to a conflict of interest that should disqualify her from the case. However, he said, the allegations created an appearance of impropriety that infected the prosecution team.
As the case moves forward, reasonable members of the public could easily be left to wonder whether the financial exchanges have continued resulting in some form of benefit to the District Attorney, or even whether the romantic relationship has resumed, the judge wrote.
Put differently, an outsider could reasonably think that the District Attorney is not exercising her independent professional judgment totally free of any compromising influences. As long as Wade remains on the case, this unnecessary perception will persist.
(snip)
https://apnews.com/article/georgia-election-indictment-fani-willis-trump-60b7dd9642fc9ef7c03d75980692334c
Fiendish Thingy
(15,619 posts)And this conclusion, including the delay, is one Willis should have anticipated when making here decision to hire Wade.
BumRushDaShow
(129,053 posts)And because of all the defendants (at this point 15 still active with 4 plea deals), this would probably be the last case to be resolved (and they will probably go for more plea deals for the lesser characters).
ananda
(28,862 posts)Now, let the proceedings... proceed.
sybylla
(8,512 posts)Because there's no evidence it happened the other way around. That's a Trump talking point, and if it's being parroted here, I guess they won.
bottomofthehill
(8,332 posts)and paid at a higher rate than state employees. Unforced error, get rid of the boyfriend and move on.
people
(624 posts)Testimony was that Wade was paid at the same rate as other prosecutors working on this case.
bottomofthehill
(8,332 posts)The other staff lawyers in Willis' office make up to $175,000 a year, while Wade has made more than $700,000 since November 2021 while being allowed to keep his private practice. The staff lawyers are not allowed to work in private practice.
https://www.newsweek.com/fani-willis-allowed-nathan-wade-salary-perks-attorney-says-1876584
SunSeeker
(51,559 posts)Last edited Fri Mar 15, 2024, 06:59 PM - Edit history (1)
Please stop with the right wing talking points.
He and the other two special prosecutors are not staff lawyers. They're independent contractors, paid by the hour. Staff lawyers are paid a yearly salary, and receive health benefits and a pension.
NanaCat
(1,135 posts)Is in charge and has a sex life.
Hermit-The-Prog
(33,348 posts)The ruling smells like shit.
Fiendish Thingy
(15,619 posts)Hermit-The-Prog
(33,348 posts)What ethics rules did she violate? Where is the harassment? How does her activity unfairly disadvantage the defendants?
Fiendish Thingy
(15,619 posts)If youre not already familiar with the ethics of workplace relationships, especially between supervisors and employees/hires, including contractors, Im not going to provide a primer on that here.
This is not some unique, made-up-on-the-spot issue (although Romans motivation was clearly to avoid prosecution for he and his co-defendants), it is a common issue in both corporate and government work environments, with strict regulations and policies in place in most settings.
Hermit-The-Prog
(33,348 posts)Fiendish Thingy
(15,619 posts)Relationships between supervisors and hires encompass ethical issues including financial(especially in the case of taxpayer/shareholder money), power dynamics, favouritism,
and in some cases sexual harassment.
It astonishes me that, even today in the 21st century, there are large numbers of people unaware of all the ethical implications of relationships between supervisors and the people they hire.
SunSeeker
(51,559 posts)By definition, an independent contractor is NOT an employee and has no supervisor. He was not her "subordinate." They were co-counsel. He, and the other two special prosecutors and Willis, all had the same power to prosecute the case. Willis did not "hire" him, he contracted with the county.
When you call a plumber, you don't tell him how to fix a leak, you just say you want the leak fixed. You are not hiring an employee, you are contracting with an independent contractor.
It astonishes me that, even today in the 21st century, there are large numbers of people unaware of the differences between an employee and an independent contractor.
Fiendish Thingy
(15,619 posts)She hired him, and she could fire him, just as you could fire a plumber whose work you werent satisfied with. She is the head of the department in charge of prosecuting this case.
You are splitting hairs to suit your own bias, rather than acknowledging the ethical conflicts that exist.
SunSeeker
(51,559 posts)The county contracted with him. That is not "splitting hairs." That has legal consequences to what sort of work relationship it is.
NanaCat
(1,135 posts)Employers sleeping with employees or contractors is the issue. It isn't merely about sexual harassment but about relationships between employers and employees creating the potential for abuses like favoritism. That's why many workplaces these days prohibit intimate relationships with anyone working in the same company or agency. I know some of the LEO-oriented federal agencies do not allow fraternization between employees at all, never mind between employees and management.
This has been policy since the 90s. Back then, I worked in a federal agency where a manager had a relationship with an employee. He got transferred after several employees filed legitimate complaints that he gave his girlfriend privileges that other employees didn't get, that he gave her easier tasks or gave her first shot at plum assignments ahead of more experienced or senior employees. He was lucky not to get fired.
That's a prime example of how these relationships create conflict in the workplace, and what employers are trying to avoid.
spooky3
(34,456 posts)Romances.
Fiendish Thingy
(15,619 posts)But every place Ive worked, from government, to private nonprofit to retail back in the 70s had rules and policies around relationships between supervisors and the people they hire.
spooky3
(34,456 posts)For more than 40 years. You can find examples of these policies on the websee SHRM.org for example.
Fiendish Thingy
(15,619 posts)Not just workplace romances, but relationships between bosses and the people they hire and supervise.
Every place Ive worked, if a supervisor and someone they supervised started a relationship, it was always an HR issue, and usually resulted in one of the parties being transferred so that the supervisor was no longer overseeing the work of the employee.
Things got tricky when two equal employees in a relationship, and one of them was up for a promotion that would make them the supervisor of the other. It could block a promotion and/or result in the transfer of one of them.
SunSeeker
(51,559 posts)Wade could not be "up for a promotion." He was not an employee. Willis was not his supervisor. As an independent contractor, by definition, he had no supervisor. He had a contract with the county to prosecute this case.
Fiendish Thingy
(15,619 posts)She hired him, and could fire him, and, as the DA in charge of prosecuting this case, she supervised his work.
The primary difference between employee and contractor is for taxes, benefits and liabilities under workers comp and unemployment insurance. The ethical issues dont change just because of some legal hair splitting over whether a 1099 or W-2 is issued.
SunSeeker
(51,559 posts)She recruited him, she did not hire him. He was contracted by the county to prosecute the case. And once he signed the contract with the county, she could not arbitrarily terminate the contract or "fire" him.
The primary difference between employee and independent contractor is NOT "taxes, benefits..." Whether a person is an employee or independent contractor depends on who controls the person's work. Generally speaking, the difference between independent contractors and employees is whether or not the entity paying for services has the right to control or direct the manner and means of work.
Neither Willis, nor the county who paid him, told him how to be a prosecutor. He shepherded the case through the grand jury process, and did a damn good job.
LiberalFighter
(50,941 posts)Response to LiberalFighter (Reply #5)
mahatmakanejeeves This message was self-deleted by its author.
prodigitalson
(2,423 posts)jimfields33
(15,808 posts)SunSeeker
(51,559 posts)The only applicable ethical bar in Georgia was a FINANCIAL conflict of interest. That is why the defendant tried to shoehorn the conflict claim into that rule with the ridiculous claim that Willis was financially benefitting from the Wade relationship.
This judge created new Georgia law by saying a romantic relationship, even though over, and even though it did not involve a financial interest, let alone a financial conflict of interest, created an "appearance of impropriety" sufficient to disqualify a DA.
nickster48
(36 posts)Hand him his ass Fani ..!
Prairie_Seagull
(3,324 posts)Middle of the road with the appearance of fairness. I have yet to read the ruling and so far, I, being nothing more than an onlooker find this OK.
What effects it could have moving forward I have to leave to others.
SKKY
(11,810 posts)...and I think the judge threaded the needle as best he could. This is clearly the most important case TFG faces, and now hopefully the facts will come to light. And right during an election year. Color me optimistic.
ificandream
(9,373 posts)Granted they tried to overturn the election in Georgia, but the implications for national security at the open doors of Mar-A-Lago are frightening. Just who all had access to them in that loose setting?
BumRushDaShow
(129,053 posts)but is also one that can get federal pardons. Smith tried to streamline it as much as possible to make it open and shut.
The state case wouldn't be eligible for any federal pardons (although I suppose they could go through that process for state clemency that would require a 5-year wait and a request to a board - ASSUMING the RW legislature doesn't somehow change that process, ex post facto, to make it easier for 45).
BlueKota
(1,738 posts)lot of political science courses, but the bout with meningitis did some damage to my memory. Since this is a state case can he still appeal it to the USSC or not?
BumRushDaShow
(129,053 posts)is if they can show the state laws are somehow in violation of federal/Constitutional statutes and in general, the SCOTUS has stayed out of "state laws and politics" unless they violate the U.S. Constitution.
BlueKota
(1,738 posts)BumRushDaShow
(129,053 posts)SKKY
(11,810 posts)....but the Atlanta case is the one that is the most open and shut, which in my mind makes it the most important. I mean, they've got his voice on a freaking call!!!
neohippie
(1,142 posts)Just because the grossly distorted claims by the defense were spread falsely to create the appearance of impropriety and then were amplified by the media. In court they were not proven from what I saw by the lawyers arguments
The appearance of impropriety is not the same as actual impropriety, especially when given the opportunity in a hearing they couldn't prove anything that they claimed, in my opinion, yet the judge orders the prosecutorial team to suffer from these circumstances for what specific actions that were demonstrated as wrong? This is like giving everyone a participation trophy, even the losers
This whole attacking the prosecutors, personal relationships that created no conflicts of interest nor change the actual crimes that were committed by the defendants that allowed them to put the prosecution on trial was a farce
Hassin Bin Sober
(26,330 posts)The hearing should have been short and sweet - the judge could have taken the trump/defense claims at face value and ruled that being a couple and going on vacations together has no basis in law to require removal of a prosecutor.
The rest was all an attempt at throwing sand in the face of justice on the part of well financed CRIMINAL DEFENDANTS and the judge should have shut it down.
ripcord
(5,404 posts)That is why nepotism laws were changed after JFK named Bobby AG.
Fiendish Thingy
(15,619 posts)Which is what Ive said all along.
It didnt have to be this way.
berksdem
(595 posts)glad she is allowed to continue but this was just poor judgement on FW's part.
Now go get the bloated bastard!
sybylla
(8,512 posts)that the relationship began before she hired him?
B) She testified that she spent months looking for people to assist in this prosecution before hiring Wade. I assume her office has the receipts on that as well.
I mean, if we're going to spout Trump talking points, I guess his work here is done. He managed to shame a Black DA and get her thrown under the bus.
Fiendish Thingy
(15,619 posts)Although I believe there was testimony that the relationship happened before he was hired.
But it doesnt matter.
It is common ethical best practice that supervisors dont date employees (spare me the hair splitting he was an independent contractor).
Willis should have known this was a potential landmine in the most important case her office has ever handled.
It didnt have to be this way.
sybylla
(8,512 posts)intentional disregard if it was before.
Been watching lots of podcasts/substacks and more from legal eagles like Legal AF, Kirschner, et al, and they all see this as an unwarranted sideshow attacking and shaming a Black DA.
I'm afraid I'm taking their word over yours.
elleng
(130,923 posts)spooky3
(34,456 posts)The former friend was actually a former employee who was fired for cause. She had an ax to grind, and no concrete proof of the beginning of the relationship.
On the stand, Wades former attorney admitted openly that he did not know when the relationship began.
MichMan
(11,932 posts)spooky3
(34,456 posts)Of convicting Smelvis.
Silent Type
(2,905 posts)orangecrush
(19,564 posts)But it is what it is.
SKKY
(11,810 posts)..."Never dip your pen in the company's ink." Sage counsel that.
Joinfortmill
(14,425 posts)Last edited Fri Mar 15, 2024, 11:51 AM - Edit history (1)
Prosecutor to do most of the questioning during trial and supervise as much as possible.
DarthDem
(5,255 posts)DAs do not, as a near-universal rule, prosecute cases themselves. They assign that work to deputies. That is what will happen here. Despite the predictable and uninformed media hand-wringing, this is a good ruling.
TexasDem69
(1,779 posts)The court suggests they were less than truthful when they testified, and the ruling requires one of them to go. I suspect a lot of prosecutors might withdraw following this sort of ruling.
MichMan
(11,932 posts)If anything she is now pissed off and will double down
JudyM
(29,250 posts)Argue your facts if you think your behavior and failure to recuse is ok, but theres a screamingly obvious appearance issue that demands you abide by this well-established legal ethical principle. You had to understand it to pass the bar, dammit. Your ethical professionalism is NONEXISTENT.
elleng
(130,923 posts)I'm not sure this is reasonable. Don't wanna waste my time on a trivial matter, boyfriend/girlfriend b.s.
Good she's 'permitted' to remain on the case.
Bayard
(22,075 posts)Where neither side completely wins or loses?
I am very happy that DA Willis is still on the case.
honest.abe
(8,678 posts)But this is good news I think.
Socal31
(2,484 posts)This feels like the definition of a pyrrhic victory.
Anyone with a calendar and an understanding of what sort of tactics can be employed by sad Trumpet and his legal team would (or should) agree.
Hikerchick57
(118 posts)The judge set up Fani to be continually abused by TFG by going far beyond where he should have by suggesting other ways TFG can go after her. Ive totally had it with these maggots!
live love laugh
(13,114 posts)Shell have to bring someone else up to speed. Finding trustworthy people is difficult.
I hope Fani takes this as the opportunity of a lifetime that it is and that she makes lemonade out of lemons. 🍋