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Norm Eisen (norm.eisen on Threads) Profile picture
Mar 15 • 8 tweets • 3 min read • Read on X
BREAKING: Judge McAfee has followed our recommendation and called for Wade to go👇

If he does—& he will—Willis stays

Now let’s get that trial scheduled for the summer!

A thread (1/x)

justsecurity.org/91368/why-fani…
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

I've said from the start Wade must go & now the Judge has ruled the same👉 (2/x)washingtonpost.com/national-secur…
Let's get in to the nitty gritty...

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

(4/x)justsecurity.org/91368/why-fani…
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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More from @NormEisen

Mar 11
BREAKING: Trump is seeking to stall the NY trial by relitigating the immunity issues

Only one problem, he already tried & lost & he’s collaterally estopped

It won’t work—a thread (1/x)

msnbc.com/opinion/msnbc-…
When Trump tried & failed to remove the case he litigated and/or waived all of his immunity defenses

Judge Hellerstein found that Trump "has expressly waived any argument premised on a theory of absolute presidential immunity"

So he can’t raise it now (2/x)
Image
Image
As a reminder Hellerstein found that immunity does NOT apply bc the alleged campaign corruption and cover up were purely personal & political

It had nothing to do w/Trump’s official duties—this is an even bigger stretch than what is happening in the fed. Jack Smith case

The claim is absurd (3/x)
nysd.uscourts.gov/sites/default/…
Read 5 tweets
Feb 29
Make no mistake: American democracy is in a very dangerous situation post-SCOTUS immunity order & other developments

But there's also a lot we can do about it

A thread on how Trump's election interference can—& WILL—get to trial in 2024 & how to make that happen

1/x - TN
msnbc.com/opinion/msnbc-…Image
Let’s start with the SCOTUS order

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!)

They split the baby instead 👇

2/xmsnbc.com/opinion/msnbc-…
Of course, that's not to say that the MAGA wing of the court didn't exercise its power

And they should be condemned for doing that, because this case is a dead loser

3/x
Read 6 tweets
Feb 9
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… Image
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 Image
Read 15 tweets
Feb 8
5 BIG TAKEAWAYS FROM TODAY’S LANDMARK HEARING

1. The argument put the lie to those who said that @CREWcrew shouldn't have brought this case

Today was a good one for rule of law, however the vote turns out as I have explained👇 slate.com/author/norman-…
@CREWcrew 2. The Justices’ overarching concern: how you could possibly administer this disqualification from state to state?

The real answer is, take it up w the framers who structured our federalism

But this concern is a serious one & is likely to carry the day
3. It’s a bit less clear how the Justices will respond to that concern

The most likely way they’ll get to that conclusion is say Congress has to act

This will likely be a combination of two arguments…
Read 8 tweets
Feb 8
LIVETWEETING

BOOM out of the box as I predicted below—Thomas asking about the Congressional off-ramp
Uh oh for Trump—Roberts pushing back on Secretary of State powers to enforce qualifications generally
Sotomayor pushing back as well. “You want us to go three steps further” than we ever have. She’s open to it and so is Roberts!
Read 63 tweets
Feb 8
WHAT TO LISTEN FOR IN TODAY’S 14TH AMENDMENT ARGUMENT

A thread 👇
Trump clearly “engaged in insurrection” under 14.3 & should be DQ’ed

But we all know persuading SCOTUS ain’t gonna be easy

Here’s how to analyze today’s argument in real time 👉

1/x

WHY 14A DQ IS NOT ANTI-DEMOCRATICslate.com/news-and-polit…
The 14A bingo card

Here are IMHO the 5 Qs presented:

whether Trump engaged in insurrection

whether the Congress or the courts should decide eligibility

whether 14.3 applies to presidents & the presidency

whether CO law allows for DQ

whether this case is ripe

2/x
Read 12 tweets

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