Thread by @PhilHollowayEsq

BREAKING 🚨🚨

Trump Co-Defendant David Shafer formally moves to recuse Fulton DA #FaniWillis

He quotes DA Willis at the beginning:

"If I were to comment on any open case, it would be a reason to conflict my office out"

"1. District Attorney Willis began a romantic relationship with attorney Nathan Wade prior to hiring Mr. Wade as a special assistant district attorney, under a limited contract with a cap on the amount he could charge the County, on or about November 1, 2021. The next day, Mr. Wade filed for divorce from his wife;

2. In March of 2022, District Attorney Willis and Mr. Wade modified the initial professional services agreement;

3. During this time, District Attorney Willis and Mr. Wade continued their personal, romantic relationship;

4. On or about November 15, 2022, District Attorney Willis and Mr. Wade signed an extension of the professional services agreement through May 15, 2023;
and

5. District Attorney Willis and Mr. Wade continued their personal, romantic relationship before and after the November 15, 2022, extension of Mr. Wade’s
contract"

Shafer says Willis playing the "race card" was improper:

"the District Attorney chose a church setting to deflect the Roman allegations by making the most offensive and incendiary allegations against her accusers—forcing the defendants onto the lethal third rail of American politics, and in her own words, “playing the race card.

The obvious intent of her remarks was to inject and infect the jury pool in Fulton County with unfounded allegations that anyone who dares question her or Mr. Wade’s conduct must have done so for racist purposes"

"pursuant to the Georgia Constitution, District Attorney Willis, as a public officer, is a trustee of the people and a servant of the people and at all times is amenable to the people.

Her conduct in hiring Mr. Wade, causing hundreds of thousands of dollars to be paid to him, benefitting personally, and failing to disclose her conduct is a clear breach of her fiduciary responsibility as trustee to the citizens of Fulton County, Georgia"

Shafer, through his lawyer, suggests that Fulton DA #FaniWillis may have committed a crime:

"Willis' employment of Mr. Wade to investigate and prosecute the defendants and payments to Mr. Wade of over a half a million dollars from the Fulton County treasury while allowing Mr. Wade to pay for vacations for the District Attorney and other personal expenses constitutes a disqualifying conflict of interest as well as a violation of ethical rules applicable to attorneys and Fulton County employees, and potentially criminal law"

Shafer says Fulton DA #FaniWillis claiming, in a church pulpit, to be in direct communication with God regarding the Trump RICO case was improper

"District Attorney Willis’ Public Statements to the News Media Regarding “The Race Card,” Her “Winning” “Superstar” Team,” and Her Direct Communications from God"

Shafer says Willis participated in the writing of a book to enhance her public and political profile and to further her claims of racism prior to the trial of the case

"District Attorney Willis certainly knew that this book, featuring her as the “hard-charging,” afraid of nothing, prosecutor would be published and available to the public prior to the trial of this case. In the extensive interviews, District Attorney Willis continued her themes regarding racism and provided details of racist comments and threats of violence against her and her need for enhanced security, as well as God’s protection and direction of her during the handling of this case"

A criminal defendant possesses a right to a disinterested prosecutor...

“[i]f the assigned prosecutor has acquired a personal interest or stake in the conviction, the trial court abuses its discretion in denying a motion to disqualify h[er]"

Shafer quotes Fulton DA #FaniWillis in a campaign speech saying it is inappropriate to have romantic involvement with employees

“I certainly will not be choosing people to date that work under me. Let me just say that. Um, you know, we are at a place in society where things happen
in peoples’ relationships and husband and wife, sometimes there are outside relationships. I don’t think that that’s what the community is concerned about, although there, you know, might be a moral breaking in
that. I think that what citizens are really, really concerned about is if you chose to have inappropriate contact with employees. I mean there’s nothing that I can say on it other than it is distracting, um, and it’s certainly inappropriate for the number one law enforcement officer"

"District Attorney Willis and Mr. Wade are not victims here—these are all self-inflicted and completely avoidable errors in which the defense had no hand, but are of such significance that the defense has no choice but to put them before the Court.

And, in the big picture here, this discomfort pales in comparison to what Mr. Shafer--a presumptively and actually innocent man--has endured. His life has been
upended by unwarranted and meritless charges filed by District Attorney Willis (that she does not have the legal authority or jurisdiction to pursue)"