Randall Eliason Profile picture
Feb 17 12 tweets 2 min read Read on X
A longish thread on my takeaways from the two days of hearing in Georgia.

BLUF - I'd be very surprised if Judge McAfee ends up disqualifying Willis and her office from continuing with this prosecution. 1/
The only direct evidence of when the romantic relationship began was the testimony of Willis and Wade. The defense witnesses relied on a combination of hearsay, gossip, and their own impressions to suggest the relationship began earlier. 2/
It’s possible W & W dated occasionally prior to 2022 but did not consider themselves in a romantic relationship. If people observed them together or one of them spoke to someone about a date, that could explain impressions by others that the relationship began earlier. 3/
Or the defense witnesses could be mistaken or lying. But I don’t think there’s anything close to sufficient evidence to conclude that Wade and Willis both lied about when, to them, their relationship began. There is zero direct evidence to contradict them on that point. 4/
Putting that aside, there is no evidence of a financial benefit to Willis. The only actual evidence regarding their trips was their testimony that they largely shared expenses. The defense was skeptical that Willis likes to use cash, but there was no contrary evidence. 5/
Even if Wade did cover some trip expenses, I don’t see that as a benefit to Willis from his appointment unless his income rose substantially due to the appointment. In other words, if he could have afforded to take her anyway, then the appointment doesn’t change anything. 6/
The state also demonstrated that Wade was not Willis’s first choice for the job, and that taking on the special prosecutor role actually involves considerable personal sacrifice in terms of threats, security, etc. (as does the DA’s job). 7/
Finally, Willis voluntarily came to testify even though there was still a pending motion to quash her subpoena. And although she was probably a bit too combative, I thought she was the most credible witness of all, other than maybe that former GA governor. 8/
In the end it was a tawdry couple of days. No one came out looking great- including the defense attorneys. It would have been better if McAffey had not held a hearing. It just gave the defense a chance to try to dirty up the prosecutors and create Fox News headlines. 9/
But McAfee will rule based on actual competent evidence, not hearsay, gossip, impressions, or tabloid headlines. And unless something new and dramatic comes out, I just don’t see any evidence that would lead to disqualification here. 10/
None of the evidence provides a link to the facts of this case or these defendants, or suggests any bias or conflict that would require disqualification. I think this is potentially a political problem for Willis, but nothing that requires her removal from this case. 11/
All that being said - I think having the relationship was incredibly reckless of Willis and showed very poor judgment. It was certainly a huge public relations gift to Trump and the other defendants. But that doesn't mean disqualification is required. 12/end

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More from @RDEliason

Feb 3
🧵 I think this is the best-case defense argument on the GA DA disqualification:

You could claim that any special prosecutor paid by the hour has an arguable financial motive to extend and expand the case. That alone can’t be enough. 1/
But in a typical case the financial motives of that prosecutor and the DA who hired him/her are opposed, not aligned. The DA would have the opposite incentive, to keep costs down and to ensure the special prosecutor is being efficient. 2/
Here that’s arguably not the case. If the DA hires her boyfriend, or spouse, or business partner, their financial interests are potentially aligned. Here, she can enrich her boyfriend, which is a personal benefit to her whether or not he actually pays for trips, etc. 3/
Read 6 tweets
Mar 30, 2023
Thread:
Many people -- including some legal talking heads who should know better -- argued it would have been a miscarriage of justice for Bragg NOT to charge Trump for the hush-money payoff b/c Michael Cohen went to jail for the same crime. Wrong - for several reasons: 1/
FIRST - it's not the same crime. Cohen pleaded guilty to federal campaign law violations. Bragg has no jurisdiction to bring those charges. Bragg reportedly was investigating a charge for falsifying business records under NY law. Different crime, different sovereign. 2/
That business records crime could apply to any kind of case. It's not a campaign finance crime, although in this case it is allegedly related to a federal campaign finance violation. And legally the charge has big problems, as I argued here. 3/
sidebarsblog.com/p/the-legal-is…
Read 12 tweets
Jun 28, 2022
Good morning - while waiting for the Jan. 6 hearing to begin, here's a longish thread on why there's no viable criminal case against SCOTUS Justices for allegedly lying during their confirmation hearings about Roe. 1/
The two primary statutes that cover lying to Congress are perjury (18 USC 1621) and false statements (18 USC 1001). The only relevant distinction for this purpose is that perjury requires the witness to be under oath and false statements does not. 2/
Both require a knowing, material false statement. In other words, the witness has to say something that is actually false, has to know that they are lying, and it has to be about something potentially important to the proceeding. 3/
Read 21 tweets
May 17, 2022
Seeing accounts of the #SussmannTrial saying that materiality means the gov't must prove the FBI investigation was actually affected. That's not correct.

Materiality means only that a statement had the potential to affect the investigation - actual impact is not required. 1/
"Materiality" is a very low bar, although it's still a challenge for the government here. But prosecutors don't have to prove the FBI was actually influenced.

The defense might also raise a reasonable doubt about what was actually said and whether it was false. 2/
Given the nature of human language and memory, proving beyond a reasonable doubt precisely what was said in a single sentence in an unrecorded conversation with one other person six years ago is very, very tough. Slight variations in wording can make all the difference. 3/
Read 4 tweets
Feb 10, 2022
Thread on Mueller and obstruction:

I agree with much, but not all, of this post from @emptywheel - which I think was prompted, at least in part, by my own @PostOpinions column earlier this week. 1/
First, @emptywheel argues that Mueller's report was primarily an impeachment referral to Congress, not a roadmap of possible criminal charges. I don't think there's much support for that idea. I wrote a column about this when the report came out. 2/

washingtonpost.com/opinions/2019/…
I'm sure Mueller probably did think Congress might choose to impeach after his report came out. But there's no way a guy like Mueller would have seen his mission as making an impeachment referral.

Mueller is a prosecutor. Prosecutors investigate potential crimes. 3/
Read 17 tweets
Aug 10, 2021
Longish thread on Bill Barr and DOJ:

Those looking to understand Bill Barr’s time as AG would do well to read both “Hatchet Man” by @eliehonig (reviewed below) and “I Alone Can Fix it” by @CarolLeonnig and @PhilipRucker. 1/

sidebarsblog.com/book-review-ha…
“Hatchet Man” reviews the numerous examples of Barr’s misconduct from the perspective of a DOJ alum. It provides a lot of detail about Barr's tenure and has a consistent theme of “Barr was bad” – which indeed he was. 2/
“I Alone” is not just about Barr, it's about the final year of the Trump administration. But it provides a reporter’s perspective and inside details about times when Barr was not so bad -- when he pushed back and refused to go along with Trump’s worst impulses. 3/
Read 10 tweets

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