#JMerchant: #FaniWillis was DQed by JudgeMcBurney (she was supporting oppo of BurtJones, #Georgia LtGov & target of investigation) & tells Judge #McAfee to use the "#AppearanceOfConflict" standard.
JMerchant says "appearance of conflict" standard must be used, but admits that there is law in GA that says "actual conflict of interest".
McAfee: What is the "personal interest"?
JMerchant: It isn't defined by #law but here Willis has a personal financial interest from the scheme she set up.
#JMerchant: #FaniWillis awarded a contract to her boyfriend after dating him for 2 yrs [acc/to defense witness testimony] & then went on personal trips w/him. Even if Willis reimbursed Wade in cash, she has received a personal financial benefit of $9200 in this case.
#McAfee: Should there be an immateriality requirement here?
JMerchant: No. Even if it was $6 it is still disqualifying.
McAfee: So there is a continuum involved here?
JMerchant: the court must do a fact-based analysis.
#JMerchant then defends his wife’s, #AMerchant, credentials: My wife was called a liar. The text msgs prove everything she put into that motion. She verified w/[Bradley] what she put into the filing.
#McAfee: How does the timing of the relationship impact the financial interest?
JMerchant: she appointed #NathanWade for him to get the money. #FaniWillis created the scheme & didn't tell anyone about it. They hid it & tried to create an excuse by saying it happened after the fact.
#JMerchant: There is no paper trail for the cash. A public ofcl is required to keep track of gifts.
#McAfee: Does the lack of #evidence fall on the State? Isn't that where burdens come in?
JMerchant: Yes they had the obligation to tell you where the money went. #FaniWillis & #NathanWade concocted the cash excuse together b/c you cannot rebut it.
Sadow: On 1/14/24, #FaniWillis went to a historic black church in ATL & made "the church speech." She did this to prejudice the defendants & their counsel.
she didn’t comment on the case, only spoke to the accusations of conflict & relationship w/ [#NathanWade]
#McAfee: this was a response to a motion that was filed?
Sadow: She could have responded in writing but she didn't. She made #extrajudicial comments
#Mcafee: So if we agree that Bradley didn't give truthful testimony on the stand, & other than his assertion "absolutely" to Merchant what else do you have here? You usually have something that locks in when that person is telling the lie versus when they're telling the truth.
#Mcafee: You're saying if a rep of the State, the lead DA, says something untruthful on the record, that has to be actively policed by the court? Generally we send it down the street to the #Bar.
#Sadow: You don't have to find that either #Wade or #FaniWillis lied. You just have to find that you have concerns about their truthfulness. Prosecutors are held to a higher standard. They're supposed to be disinterested. They gave you untruthful testimony based on Yeartie testimony & Bradley texts.
#Sadow: There are 2 instances that suggest that they spent the night together. That is corroborating evidence of what Bradley said.
#McAfee: Didn't #Wade testify that he was there 10 times? You've found 35 times now? Wade went to #FaniWillis' condo & he testified that he did. He wasn't keeping track of each time.
Sadow: But he spent the night & that suggests that they're not being honest w/the Court.
COMING UP: Terrence Bradley--the former divorce attorney of special prosecutor Nathan Wade--is expected to take the stand and resume his testimony in Fulton County. #FaniWillis#Georgia#legal
"Judge [#McAfee] has done a lot of cutting off/asked and answered rulings."
McAfee will eventually find for the prosecution. In the mean time, the defense, by wasting hours and hours, is fulfilling #Trump 's strategy--to delay, delay, delay.
"The stakes could not be higher. And yet, in my opinion, Judge #McAfee’s decision is an easy one with a clear path:
👉The defense’s failure to provide the legally required evidence to disqualify #Willis means that the judge can deny the motion to dismiss and to disqualify. "👈
I just heard some asininity from someone who should have known better. A friend of mine, an editor not long out of some of D.C.'s biggest and most prestigious political-news outlets, claimed that Fulton County DA Fani Willis had disgraced herself and disqualified her office and that it was a huge story.
Never mind that we had two days' worth of fact-finding and came nowhere near any such conclusion. 1/
@panamared27401@thepoliticalcat
If you watch the live feed, you can see #McAfee really wants the evidentiary hearing over. The number of times he has repeated, "That question has been asked and answered," is stunning.
Remember that #Willis has the option to step aside any time before #McAfee announces his ruling. That would allow the Fulton County DA's office to to send subs out to the field and continue the game.
@thepoliticalcat@panamared27401
IF and only if #Willis is likely to be disqualified, then she should step aside, in order to allow her team to continue the case.
The case is more important.
Having said that, I think #McAfee will not disqualify her. The case will continue.
#FaniWillis walked unaccompanied through the front door of a #FultonCounty courtroom on Thurs afternoon in a bright magenta dress & announced she was ready to testify. She was interrupting her lawyer, who at that very moment was trying to convince a judge that she should not have to testify at all.
Friday: back in the #Georgia courtroom. #FultonCounty Superior Court Judge Scott #McAfee is on the bench. And after the lawyers introduce themselves, we are expecting to see DA #FaniWillis back on the stand.
A number of lawyers have referred to “Rule 1.6” during the hearing. That's a citation from #bar association rules that relates to lawyers keeping info received from clients #confidential. But Judge Scott #McAfee said this morning that he would direct witnesses to “be responsive to any questioning that may be covered by Rule 1.6” because it was not equal to #AttorneyClientPrivilege.
The revelation, which came near the end of a 2-day evidentiary hearing on misconduct claims against #FaniWillis, led Judge #McAfee to abruptly end Bradley’s testimony. McAfee said he would meet w/Bradley & his atty in a private hearing to consider whether Wade’s #AttorneyClientPrivilege claim w/Bradley had been pierced & whether Bradley could be forced to answer questions about Willis & #NathanWade.
SuperiorCourt Judge Scott #McAfee also wrote in his order that #FaniWillis must respond to the accusations in writing by Feb 2. They 1st came to light last wk in a filing from one of #Trump’s co-defendants, fmr aide Mike Roman.… Willis has declined to directly address the explosive accusations. McAfee’s order appears to be forcing her to do so in televised court proceedings, a development that could at the least be embarrassing for the DA & at worst derail the investigation. #law#Georgia#RICO
“A state judge overseeing the election-interference case against Trump in #Georgia has scheduled a hearing for Feb. 15 to hear evidence regarding accusations that #FaniWillis & her lead prosecutor engaged in an improper relationship and mishandled public money.
Judge Scott McAfee also wrote in his order that Willis must respond to the accusations in writing by Feb. 2” #TrumpIndictment
Seems slow. And for the first time in this #Trump nightmare I’m pleased with the plodding approach. I thinkhope this is #McAfee showing any alleged shenanigans don’t undo grand jury decisions, butt I’m no Alina #Habba, who seems to only hope.