The Georgia Court of Appeals has disqualified Fulton DA #FaniWillis from the RICO case against @realDonaldTrump
🚨🚨
"we reverse the trial court’s denial of the appellants’ motion to disqualify DA Willis and her office. As we conclude that the elected district attorney is wholly disqualified from this case, “the assistant district attorneys — whose only power to prosecute a case is derived from the constitutional authority of the district attorney who appointed them — have no authority to proceed"
It's a 31 page order... digesting it now...
The indictment is now an "orphan" - an indictment without a prosecutor
The now-infamous "church speech" factored heavily into the "forensic misconduct" piece of all this
Forensic misconduct involves extrajudicial statements by prosecutors against defendants
Court of Appeals notes, correctly, that the "forward looking remedy" of removing only Nathan Wade failed to cure the"
ODOR OF MENDACITY
They remind Willis that the DA has to make decisions "in the public interest"
Here's the coup de grace:
"disqualification is mandated and no other remedy will suffice to restore public confidence in the integrity of these proceedings"
It's not just Willis, but the entire DA's office that is booted
The indictment itself is not dismissed by this order...
But since the odds that any other prosecutor in Georgia will be appointed to it, the Fulton Trump RICO case is dead
Willis can try to appeal to the GA Supreme Court, but I do not see them taking the case
Join me live on @Inside_The_Law 3pm ET for a "Breaking News Special Edition"
I will break all this down and explain what it means for the indictment moving forward!
Fulton DA #FaniWillis asks the Georgia Supreme Court to put her back on her RICO case against @realDonaldTrump and the other defendants
The GA Supreme Court does NOT have to take her appeal
She's asking the court to hear her appeal on a discretionary basis
Questions Presented:
Did the Court of Appeals err in disqualifying a district attorney, divesting her of her constitutional authority to investigate and prosecute crimes, based solely upon an appearance of impropriety and absent a finding of an actual conflict of interest or forensic misconduct?
She says the Court of Appeals got it wrong by making new precedent, as opposed to following established precedent
(Note: In fact, the Court of Appeals got it right)
Assuming arguendo that an actual conflict of interest or actual impropriety is not required to authorize disqualification, did the Court of Appeals err in substituting the trial court’s discretion with its own and becoming the first Georgia court to reverse a trial court’s order declining to disqualify a district attorney based solely upon an appearance of impropriety
A team of #FaniWillis prosecutors engineered an illegal ex parte meeting in the #YoungThug trial - when defense lawyer complained he was ordered to jail - illegally
@AshleighMerchan files Motion for Contempt of Court against Fulton DA #FaniWillis
"According to social media posts, as of September 17, 2024, Ms. Willis was in Los Angeles, California attending fundraising events for her re-election campaign"
"Ms. Willis is under lawful subpoena, and she has not filed a motion to quash, nor could she. She is simply flouting this Court’s lawful process, apparently intent on playing a game of chicken with the Court"
Judge in the #YoungThug #YSLTrial orders a "show cause" contempt hearing for everyone who was present for his allegedly illegal secret "ex parte" meeting with #FaniWillis' top prosecutor
He is obsessed with finding the "leak" - which was perfectly legal
And in his order, he confesses to the ex parte
"Judges shall not initiate, permit, or consider ex parte communications...made to them outside the presence of the parties, or their lawyers, concerning a pending proceeding"
In my opinion, Glanville should immediately step aside from this case and retire.
I doubt he will like the blowback from all this that will eventually land on him.
He seems to be emotionally invested in everything about this case.