Andrew Fleischman Profile picture
Mar 15 6 tweets 3 min read Read on X
Summary: Willis may have had a net financial benefit from hiring Wade, but it was small. Her repeated efforts to bring the case to trial quickly suggest no improper motive to delay. Thus, despite a "tremendous lapse in judgment" and "unprofessional" demeanor, no actual conflict.
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But, there is an appearance of impropriety, because there is evidence of financial benefit and romantic relationship with a subordinate. Image
Judge strongly suggests that the Fulton County District Attorney's Office was dishonest about when the relationship began. "Odor of mendacity"

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The standard on Willis' comments is very vague in Georgia, but the judge clearly does not approve of Willis' "unorthodox decision" to talk to the authors of a book about her case as it was proceeding, nor her speech claiming that criticism was racist.
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I like this concluding paragraph a lot. The trial should appear fair to someone without partisan blinders on.

That's a reasonable ask! Image
Fani Willis get either DQ her whole office and let someone with better judgment take over or her Wade can withdraw. Image

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More from @ASFleischman

May 14
People often mess up hearsay but the rule is easy.

1. Out of court statement

That means any statement made by someone who is not in the witness chair

It also means statements by the witness that were made before they got to court.
2. For the truth of the matter asserted.

In other words, do you give a shit if the dude is lying?

If I said I am the world's greatest lawyer, you can't bring that in to argue that it's true.

But you can bring it in to show I'm delusional.
The big non hearsay purposes
:

1. Effect on hearer.

Your wife says there is a rat in the garage. You need to explain why you went to the garage. Even if she's lying, it still explains why you did it
Read 17 tweets
May 10
Thrilled to report that my client, Meagan Dwyer, prevailed in her anti-SLAPP motion today against Stephanie Britt, a Savannah cheerleading fixture who claimed that Dwyer had gotten her kicked out of a cheerleading association (the USASF) by reporting misconduct around children. Image
There were many problems with Britt's lawsuit, starting with the fact that it did not specify what Dwyer had said, explain how it was untrue, or establish that it led to Britt being kicked out of the USASF.

/2
Britt claimed that it was unfair for her to have to specify what Dwyer had said about her, and that she should be permitted to learn if anything untrue had been said in discovery, a ruinously expensive process.

/3
Read 7 tweets
Apr 29
If you are ever arrested, the two biggest things you can do to help yourself:

1. Be polite and reasonable with the officer. If he responds by acting like a jerk, that just helps you more when a jury looks at the video.

2. Politely decline to answer questions.
I have seen so many cases where a cop has a borderline arrest, and a judge takes his demeanor into account. A super nice officer who chit chats with the defendant while he waits for backup wins suppression motions.

A guy who enjoys being a jerk often doesn't.
Later down the line, the officer may be asked if he's cool with the State cutting you a break, and it's so helpful to have him on board.
Read 7 tweets
Apr 5
District Attorney Fani Willis has opened up a website to sell merch, particularly on "Fani Friday." You too can have your very own Fani T. Willis fan club t-shirt.

the-official-fani-store.printify.me/product/672427…

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The perfect shirt for people with a bench warrant Image
For only 30 dollars you can buy A Legacy of Strength and Justice t-shirt Image
Read 5 tweets
Mar 27
Georgia has passed a law forbidding bail funds from contributing to people's bonds.

It is worth noting that when MLK was bailed out of Birminghan jail, he didn't fund his own bond. The United Auto Workers, and others, pooled tens of thousands of dollars to liberate him.
This law is squarely aimed at punishing people accused of relatively minor crimes of civil disobedience, like blocking a street, or trespassing at a department store lunch counter.

Punishing people before trial is an effective way to avoid having to give them a trial.
The State's problem is not that these people are violating their bonds. Or that they are failing to appear for court. You could address that with a bench warrant.

Georgia simply does not want to give people a trial before punishing them.

.theappeal.org/georgia-bail-b…
Read 6 tweets
Feb 16
I think a jury could find beyond a reasonable doubt that Fani Willis and Nathan Wade committed perjury at this hearing.

I think it is more likely than not that the judge finds there is an appearance of impropriety here without making explicit credibility findings.
You want to prosecute the former President of the United States. There are credit card statements showing you financially benefitted from your romantic relationship. Your only defense is completely untraceable cash reimbursements.
You swear under oath that your relationship started in 2022. Two witnesses, including Nathan Wade's former attorney, provided evidence that this was not true.
Read 10 tweets

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