The Judge embraced the essence of Solomonic wisdom in his clever ruling by recognizing there was no actual disqualifying conflict of interest, but that the appearance of impropriety is distracting from the main issue at stake in this case -- alleged election interference
1st the Judge makes very clear that the two alleged grounds for disqualification (1) an actual conflict of interest and (3) forensic misconduct are both denied -- the defendants failed to meet their burden of proof!(3/x)
Under GA law, a DQ conflict of interest exists only when a relationship means that a prosecutor would have motivation to make a decision that clashes with their duty to seek justice -- & the judge ruled that steep burden was not met
The Judge doesn't stop there, tho. He says that the established record (which btw was established very publicly over the course of the last 9+ weeks has caused a clear "appearance of impropriety that infects" the DAs team...
...& he is right! This is a new Judge, but he is showing over & over that he is an excellent one (5/x)
The judge sites previous instances of appellate courts applying the "appearance of impropriety" standard to state prosecutors. The appearance can undermine the legal system itself!
& in a case as high-profile & essential to our democracy as this one, any element that could undermine the case is a threat to the administration of justice. That's bc the main point here is the alleged election interference! (6/x)
So what does Judge McAfee do with all that? He says the DA & her entire office (!) can step aside and allow the Prosecuting Attorneys' Council to reassign the case.
OR Wade can withdraw, allowing the DA and the rest of the team to move forward without him distracting from the case.
It's a no-brainer!! (7/x)
I've said Wade should have stepped down from the very beginning 👉…
& now w Judge McAfee's ruling, he likely will and the case can go on & focus on the real issue at stake here -- alleged election interference by the former pres & co-defendants (8/8, fin)washingtonpost.com/national-secur…
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It’s a compromise between one wing of the court that wanted to dismiss the case out of hand & another that wanted to hear the case in the normal course (which could have meant this fall!)
Lotta news but something MAJOR happened last night
Smith filed motion for Judge Cannon to reconsider order unsealing names & stmts of some witnesses in MAL docs case
This could be start of getting Cannon thrown off case under 11 Cir bias rules👇(1/x) slate.com/news-and-polit…
Cannon already has two strikes against her from when she oversaw the docs investigation
First the 11th Cir preliminarily reversed a stay she imposed
And then they permanently reversed her outrageous appointment of a special master
This latest order may be strike three…
Why? 1st of all, reconsideration is an “extraordinary remedy that should be employed sparingly” to “correct CLEAR ERROR and PREVENT MANIFEST INJUSTICE”
So the fact that Smith made this motion shows how wrong Smith thinks Cannon was & how dangerous he thinks her order was 3/x