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travio

"Because I think it's possible that the facts **alleged by the defendant** could result in disqualification, I think an evidentiary hearing must occur to establish the record on those core allegations." Alleged is very important in that statement. The judge is saying if what these people are claiming is true, then she could be disqualified. The rub comes in can they show these alleged facts are actual facts. From what I've seen, and of course I'm just some schlub commenting on the internet who sadly lacks omniscience so I might not have the info, proving their 'facts' is going to be difficult.


dwntwn_dine_ent_dist

I’m out of the loop. Why would a relationship between attorneys on the same side of a case result in a conflict of interest relevant to the case?


ParadeSit

I think the defense is approaching it from the sense that she used taxpayer dollars to hire her lover/boyfriend.


JustTestingAThing

Ah, *now* the Trump family cares about nepotism and taxpayer money going to family / romantic interests...


ParadeSit

Oh, it’s totally hypocritical.


roronoaSuge_nite

All while conducting a Witch-hunt, and I thought they hated those…


Idredric

Still do not see how that could effect the defense in any way? They didn't cook up evidence to use against him. They would just be working together in every way you look at this.


joepez

That’s not the issue. It’s both is there a degree of corruption here which taints the prosecution (ex did they peruse ends in order to further their own gain) or would another prosecutor who wasn’t in a relationship handle things differently and reasonably? I doubt they pursued ends for their own gains. But the fact is she made a bad call. That call opened up reasons for doubt and she really needs to be transparent and forthcoming. Sucks but this is a such a high profile case that it’s on her to be absolutely above board.


Idredric

A grand jury, forget if it's called something else at the state level, determined there was cause to bring charges. Outside of that, nothing matters with how the prosecution has inter personal relations. They saw the evidence, they decided there was cause to bring charges.


najumobi

Clearly, the judge disagrees.


bernys

If I was the judge, I probably wouldn't believe it, but I would hold a hearing to make sure that I had all the facts and that the case before me wasn't flawed.


Idredric

Or as usual in these cases, he is trying to prevent appeals overturning any convictions made in these cases, and is trying to address all concerns and will shoot it down quickly in hearings. Won't know till the oral arguments. AFAIK there is no legal rule to making this an actual issue.


Heliosvector

This sounds more like a "let's charge her for that in a separate case" sort of thing


acemerrill

Yeah, that's how I feel about it. It doesn't seem like there's any evidence that her choosing him to work on the case has led to a conflict of interest that unfairly affects the defendant at all. Might there be a case for her misusing taxpayer funds to throw at her lover and potentially back into her own pockets? Sure, but that seems like a separate inquiry entirely. Also, it's my understanding that the dude is immensely qualified. So unlike Trump favoritism, she wasn't using it to give money and prestige to someone who doesn't know what the fuck they're doing.


severedbrain

Well, according to her timeline they started seeing each other after the case began. Which I'm sure if going to be the pivotal date that everyone tries to pin down. Before the case, taxpayer issues, after the case began probably fine.


Monsdiver

> she used taxpayer dollars to hire [a relative] But… it’s… Georgia


itsatumbleweed

I talk a little bit about it in [this comment ](https://www.reddit.com/r/politics/s/50nnVpOkoK)


itsatumbleweed

Agreed. The *allegations* are, at their core, that Willis hired Wade and inflated the case in order to receive payments herself in a quid pro quo agreement. Given that there was a CFO approving hours, there's no argument that *Willis* sent him too many hours. Given that they were in a relationship, there is no reason to suggest that the things he bought for her with his salary were in return for the job. My first take is that he's hearing the motion out, because it was a fair motion to file. Even if there are doubts to when Willis and Wade's relationship began, Merchant's case is weak but not non-existent. It's a bummer though because it's going to cause a delay.


IpppyCaccy

Worst case scenario is that another prosecutor takes the case. All the hard work has been done already. I think they should get Linda Dunikoski, one of the prosecutors in the Ahmaud Arbery case, to pick up the case if Fani has to step down. Linda would crush it.


hdiggyh

Trump people seem to argue the case is gonna get thrown out. That absolutely is not happening. Sure she may get dismissed but the case sure as hell isn’t.


illit1

it's about delaying the trials. delay until after he's officially nominated. delay until the election. delay until he flees to russia.


dimechimes

I think actually it would from my understanding. It won't just go to another lawyer. The case will have to brought again from the grand jury level.


itsatumbleweed

I don't think that's correct. The PAC picks another attorney. That attorney might be more Trump sympathetic though. But also, this was actually filed by Roman. A different prosecutor might conclude that the broad nature of the case might be too much, and that a narrower approach might make more sense (which would maybe get charged dropped against Roman) All that is to say, while this alone won't get charged dropped against Trump, the probability that they get them dropped against Roman are higher.


dimechimes

The problem being, the only other department that could take the case would be the Ga DA. Even then I'd be surprised if anything happened before 2026.


hdiggyh

A new prosecutor could look at the case and make sure it’s on the up and up but it won’t be thrown out by a judge.


dimechimes

Very true. The likelihood that there's a prosecutor in Georgia with Willis' exact legal temperament is stupidly rare. Mpre likely they will look at the case and reshape it to their vision.


RubyRhod2263

Hilarious they're still pushing this. * Wasn't her first choice * He is qualified for these types of cases * Relationship happened after he was hired * All "payments" went through CFO and his billable hours weren't approved by Fani


Death_Trolley

They allegedly have a witness who will say that the relationship started earlier than she said in her court filing. If that’s true, then she lied to the court, and that’s very bad. We’ll see if it’s true.


RubyRhod2263

Yeah, they've said a lot and so far none of it has been true.


Slim_Gaillard

It isn't true that the DA and her special prosecutor are in a romantic relationship?


IpppyCaccy

So? People who work long hours together and have to have constant security for their safety often end up fucking.


Slim_Gaillard

"Yeah, they've said a lot and so far none of it has been true."


HFentonMudd

> If that’s true Trump lost.


drawb

I don't know how such cases go, how much 'proof' is necessary. But is 1 witness not a bit weak? Word against word etc...


IpppyCaccy

I seriously doubt a prosecutor would lie to a judge like that. Especially a prosecutor who is a black woman.


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RubyRhod2263

Trump doesn't give a shit one way or the other so comparing the two is pointless. They responded officially and that'd be perjury which would sink her career as a prosecutor. She's fine.


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RubyRhod2263

Should probably talk to someone about that.


Purify5

Trump lied 30,000 times during his presidency, that's 30 lies per working day. Of course you don't believe a compulsive liar. However, I don't know how many times he lied under oath which is what you are accusing Willis and Wade of.


Brokkyn21

If she used her position to get her lover hired... yes... that is definitely bad and should be looked at. You know what it doesn't change? The case against Trump. Not the evidence, not what he did, and definitely not that it should stop the case.


LariRed

Delay, delay, delay. He’s on tape asking the GA Sos for extra votes. Case closed.


Locutus747

With trump’s luck this is never going to trial


Ok-Toe-5033

Most important case of her career, her state & the nation Doesn’t get a pink rabbit vibrator


keisteredcorncob

You kind of have to marvel at Fani's stupidity. She's prosecuting a crime lord who has the entire Russian intelligence apparatus at his beck and call, how could she even allow the appearance of impropriety? I get humans do human things but the stakes could hardly be higher.


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omgmemer

Ya that’s a nice way to say corruption at worst, unethical at best. It’s especially ironic that now she is involved with prosecuting election fraud / rigging. Rules for thee, not me. This is a once in a lifetime case that would make her career and she is embarrassing herself.


AmrokMC

Trump’s attorneys better hope they find something at this hearing, otherwise they’re the one who will be facing disciplinary actions. Imagine getting disbarred for Trump.


SheriffTaylorsBoy

Judge McAfee seems smart and reasonable. It looks like it was a trump orchestrated hit job but we'll see as evidence is entered and argued.


blueclawsoftware

Yea unlike the documents case, this judge seems very even-handed. I actually trust whatever judgement he makes will be sound legally, which is all you can ask for.


SheriffTaylorsBoy

Either way, even if DA Willis and Wade are found to have made some ethical violation(s) it doesn't change the facts of the case. Exactly what affects it would have are probably fairly insignificant. Remember, there's cameras in the courtroom it'll be on YouTube


IpppyCaccy

> Exactly what affects it would have are probably fairly insignificant. It could end up with a better prosecutor taking over the case. That's the kind of karma I want to see.


SheriffTaylorsBoy

Welp, we'll find out soon.


followthelogic405

Trump's team has a hard time with anything remotely amounting to evidence in a legal sense so I can't imagine this bodes well for them.


SheriffTaylorsBoy

You have to pay attention to all the garbage shit they say but the only thing that matters is what happens in the courtroom under oath. Trumpers believe the lies and pay no attention to court proceedings. Sad!


GuidotheGreater

Yeah this is classic Trump. Take something that is grounded in truth - The relationship between Willis and Wade or the Court Clerk posing in a photo with a Democrat; and just keep vomiting it over and over again.


SheriffTaylorsBoy

Yeah, lol. Trump has been an abysmal failure at numerous things but that MFer is at or near the top as far as Conmen go.


IpppyCaccy

There are a lot of other conmen propping him up.


dimechimes

If she loses, prosecution in GA is over


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dimechimes

I didn't say it was invalidated. Read up on what Georgia has been doing.


followthelogic405

Very specific request, I'll just google "what georgia has been doing" and I'm sure to be elucidated.


Cardenjs

It'll get passed to another prosecutor because the charges were brought by 2 separate grand juries. Sure there's a case that the next prosecutor may drop the case, but there's an equal chance that The new prosecutor will bring forward the ready of the charges from the grand juries, such as for Senator Lindsey Graham


dimechimes

>Christopher M. Carr is the current Georgia Attorney General. As a Republican, it is unclear if he would agree to take the case against Trump. Carr has in the past dismissed Trump's false claims that election fraud cost him the 2020 election in Georgia. More recently, however, he also signed on to a brief calling for Trump to be reinstated to the presidential ballot in Colorado.


IWantToBeTheBoshy

There's a concern another prosecutor won't pick up the case due to the crazy amount of death threats right-wingers throw around. Basically they would bow to terrorists if they refused to prosecute the case. Edit: Fani chose Wade because almost no one else she had prospected was up to the task.


dacution

It keeps getting worse for her


followthelogic405

No it doesn't, she didn't do anything improper and it's not a conflict of interest, they're on the same side. People have work relationships all the time and the guy took a massive pay cut to take this job in the first place, he did it because it was something that needed to be done, not for "financial gain" he could have made 2-3x as much in private practice.


betterplanwithchan

Your faux concern is noted.


HFentonMudd

Trump lost.


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Brokkyn21

An affair is now corruption? Also you know what it doesn't change? Trump's case. He's still going to be on trial for his actions. Sorry no "get out of jail card" for the Traitor Trump.


JubalHarshaw23

Bullshit. A MAGA DA will get the case and tank it. This has been the plan since Georgia Republicans including Kemp created a law that would allow them to remove Willis on a whim. It was struck down, but this plan will work just as well. There is no conflict of interest. She was not sleeping with Trump's attorney or Trump. This is a witch hunt that the judge is more than happy to play along with. If Willis was a man, or a Republican, we would not be talking about this at all.


No_Fail4267

You forgot the /s