#Georgia#DA: #FaniWillis' father testified as to why Willis kept the cash in her home & the fact that he resided in her house in 2019 & Wade did not visit nor cohabitate as #AMerchant asserted. There’s been no evidence to the contrary re what Willis & her father said.
#McAfee: Was it fmr Gov Barnes' testimony that he was the first to be asked by Willis to lead the prosecution or just to be a prosecutor?
DA: To lead the prosecution. Barnes also testified to Wade’s qualifications.
#McAfee to #AMerchant: Wasn't there a promise made by you that Bradley would impeach specific witnesses?
#Georgia#DA: Yes, that's what was represented to the Court. AMerchant represented that #TerrenceBradley would be an “impeaching machine" but he wasn't able to impeach anyone.
DA: Bradley was asked "do you think it started before Willis hired Wade"? His answer of
"absolutely" was based on the "do you think" part of the question. The question itself asked Bradley to speculate.
#McAfee: The financial interest impacts the final result or the prosecution as a whole? What if DAs are given a bonus they win? Maybe it doesn't affect the outcome but doesn't it affect the prosecution of the case?
#Georgia#DA: Yes, l'd agree that DQ is appropriate there.
In #legal weeds now. #McAfee & #Georgia#DA back & forth on caselaw, statutes, various references, etc.
Super boring. Not helping that DA totally lacks charisma.
McAfee: There was a relationship, purchases & reimbursements made & money back & forth between #Wade & #FaniWillis, right? So the idea that money changed hands is no longer speculative right?
DA: Yes. Also uncontested is that there was a relationship [tho dif timeline]
This was done to embarrass the Willis & to impugn her reputation.
#Georgia#DA: The burden is on the defense. It is a high standard of proof to prove misconduct to DQ a prosecutor. The defense's cited cases are misleading, inapplicable, or support the State's position.
#McAfee: There are a number of cases that exclusively refer to an appearance of impropriety, though.
DA: My review of the caselaw is in those cases there was also an actual conflict of interest. When you have an actual conflict there will always be an appearance of impropriety.
“By delaying a final decision, #Cannon gives other judges presiding over #Trump#criminal cases —US Dist Judge #TanyaChutkan in Washington & #FultonCounty Superior Court Judge Scott #McAfee in #Georgia —a window to schedule their own trials this summer or fall. It’s unclear, though, if either of those judges can prepare their cases in time.”
Yet Trump wasn’t the target for possible gag orders and McAffee’s zingers, #FaniWillis was.
Via Kyle Griffin:
Judge Scott McAfee had written his order on Willis and Wade early last week, according to NBC News, but because he had been receiving threats, he waited to make it public in order to allow for proper security to be in place for him and his family.
Hello from Fulton Judge #McAfee's courtroom, where former Black Voices for Trump head #HarrisonFloyd is pushing to uphold subpoenas he sent to 3 state & local agencies 🧵 1/… #legal#TrumpIndictment#Georgia
Floyd's legal strategy is unique…plans to present evidence that Trump actually won Ga in 2020 – or that there was enough evidence on Jan 4, 2021, when Floyd spoke w Fulton poll worker Ruby Freeman, that his beliefs were not unreasonable, hence no mal intent
Prosecutors in the hearing room at the DA's table: attys Daysha Young, Will Wooten & Donald Wakeford + #RICO expert & special prosecutor John Floyd
Special prosecutor Anna Cross is also present.
For the defense it's #Trump & David Shafer's #legal teams.
Steve Sadow, Trump's lead Atlanta attorney, is currently arguing why his client's speech at issue in the indictment is core political speech that's protected under the #1A.
In #Georgia, #FultonCounty Superior Court Judge Scott #McAfee, who is presiding over a #Trump#criminal case involving allegations related to overturning the 2020 election results, has also faced #threats, including a #swatting incident at his #Atlanta-area home in Jan. A spox for the responding local PD said the investigation had been turned over to the #FBI.
#McAfee last wk said #FaniWillis can remain on the most sprawling of 4 #criminal cases against #Trump as long as Wade resigns, which Wade did on Fri.
…Attys for Trump & the other defendants said in court papers on Mon that Wade’s resignation was not enough to correct the appearance of impropriety the judge found. Defense attys say a failure to remove Willis could imperil any convictions & force a retrial if an appeals court later finds it was warranted.
It will be up to the appeals court to decide whether to hear the matter. #McAfee said he would continue working to get the case ready for #trial by addressing other matters in the meantime.
But while #FaniWillis had made clear her determination to turn the page from wks of embarrassing headlines, the judge’s decision to green-light the appeal allows defense attys to keep at the forefront allegations of impropriety that threaten to damage the public’s perception of the prosecution.
#McAfee also wrote that he was unble to find "any authority that the speech & conduct alleged is #protected#political speech."
The protection afforded specifically by the Petition Clause of the #FirstAmendment -which allows the ability to communicate w/govt ofcls- "does not extend to allegedly #fraudulent petitions.”
"In other words, the #law does not insulate speech allegedly made during fraudulent or #criminal conduct from prosecution under the guise of petitioning the govt," he wrote. #Trump
#McAfee: “Even core #PoliticalSpeech addressing matters of public concern is not impenetrable from prosecution if allegedly used to further #criminal activity."
"The State has alleged more than mere expressions of a #political nature. Rather, the #indictment charges the Defendants w/knowingly & willfully making false statements to public officers & knowingly & willfully filing documents containing false stmnts & misrepresentations within the jurisdiction of state depts & agencies.”
#FaniWillis#wins#primary
Willis now proceeds to November’s general #election, where she will face Courtney Kramer, a Republican lawyer who interned in the #Trump White House.
#FaniWillis defeated challenger Christian Wise Smith as she seeks another 4yr term as the top prosecutor in the #Atlanta area, acc/to an AP projection.
Another leading figure in the #Georgia#criminal case against #Trump, #FultonCounty Superior Court Judge Scott #McAfee was also on the ballot Tues, seeking his first full term since being appointed to the bench last year. That race has not yet been called.
As I was about to research to make a new today in history post, I found out #Intel purchased #McAfee.
McAfee?! 13 years ago?! 2010?!
I only know of McAfee as three things: A antivirus program that first came with my laptop when I brought it (still glad I do fresh OS installs), John McAfee doing tax evasion and a cute anime girl
Manny Arora is an atty who reps defendant-turned-witness #KennethChesebro.
McAfee seemed unlikely to allow new evidence last wk, it’s gone on long enough & the defense (who are acting like prosecution) ought to have submitted all relevant evidence at the start or at least the initial stages.
#FultonCounty defendant David Shafer w/a new witness, CobbCounty co-chief dpy DA Cindi Lee Yeager, whom he says had convos w/ #TerrenceBradley between 8/23-1/24. Says she can corroborate that DA #FaniWillis & #NathanWade were in a relationship earlier than acknowledged.
“As written, these 6 counts contain all the essential elements of the #crimes but fail to allege sufficient detail regarding the nature of their commission, i.e., the underlying #felony solicited,” #McAfee wrote.
But, the judge, added, “This does not mean the entire indictment is dismissed.”
Oh great. Last night I got random little rectangles coming and going on my browser screens (seems to have stopped today); the boot-up screen lost it's wall paper and no more prompt for 'learn more about this photo'; and McAfee doesn't launch as it usually does on boot-up (but the VPN apparently launches though I can't open it) -- it won't respond at all when clicking on the #McAfee button. I have bad feeling about this...