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re: Judge Scott McAfee is ruling on Fani Willis disqualification tomorrow

Posted on 3/15/24 at 8:12 am to
Posted by Lsut81
Member since Jun 2005
80169 posts
Posted on 3/15/24 at 8:12 am to
Oh, and no way Fani steps down. She will fire Wade.

Her ego is too big. She will go all in scorched earth
Posted by Dday63
Member since Sep 2014
2298 posts
Posted on 3/15/24 at 8:12 am to
quote:

laxtonto
Classic let both sides "win".

Lets her stay but Wade must step down to do so...


Unfortunately, I think this was all he could do. I hope Willis faces consequences outside of this case.
Posted by plazadweller
South Georgia
Member since Jul 2011
11453 posts
Posted on 3/15/24 at 8:14 am to
Can these 2 sorry POS be prosecuted regardless of what the judge rules?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422854 posts
Posted on 3/15/24 at 8:14 am to
quote:

And a this begs a question... if there was enough evidence to disqualify one of the two, why not both?


The ruling hasn't been posted yet, but an article I read said they had to choose between either:

1. Full recusal of her office
2. Replacing Wade, which would remove the impropriety at issue

I imagine this is going to be along the lines of their personal relationship more than the financial stuff.
Posted by laxtonto
Member since Mar 2011
1913 posts
Posted on 3/15/24 at 8:15 am to
quote:

This finding is by no means an indication that the Court condones this tremendous lapse in judgment or the unprofessional manner of the District Attorney’s testimony during the evidentiary hearing. Rather, it is the undersigned’s opinion that Georgia law does not permit the finding of an actual conflict for simply making bad choices – even repeatedly - and it is the trial court’s duty to confine itself to the relevant issues and applicable law properly brought before it. Other forums or sources of authority such as the General Assembly, the Georgia State Ethics Commission, the State Bar of Georgia, the Fulton County Board of Commissioners, or the voters of Fulton County may offer feedback on any unanswered questions that linger. But those are not the issues determinative to the Defendants’ motions alleging an actual conflict.
Posted by Lsut81
Member since Jun 2005
80169 posts
Posted on 3/15/24 at 8:15 am to
quote:

Can these 2 sorry POS be prosecuted regardless of what the judge rules?


Whats funny is Kemp just put that oversight of DAs back in motion.

Collusion?

McAfee saves face, does something, but not full stop.
Fani fires Wade
Kemp's Committee goes after Fani and punishes her
Case is dropped
Posted by idlewatcher
County Jail
Member since Jan 2012
79258 posts
Posted on 3/15/24 at 8:15 am to
quote:

2. Replacing Wade, which would remove the impropriety at issue


And how will that address her perjuring herself?
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
260941 posts
Posted on 3/15/24 at 8:16 am to
quote:


Unfortunately, I think this was all he could do. I hope Willis faces consequences outside of this case.


Based on what I've read, she's not a serious person so its just a matter of time.

Posted by wfallstiger
Wichita Falls, Texas
Member since Jun 2006
11471 posts
Posted on 3/15/24 at 8:16 am to
Yes, but who would is another matter
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422854 posts
Posted on 3/15/24 at 8:16 am to
quote:

Other forums or sources of authority such as the General Assembly, the Georgia State Ethics Commission, the State Bar of Georgia, the Fulton County Board of Commissioners, or the voters of Fulton County may offer feedback on any unanswered questions that linger.

Sounds like my first post ITT

quote:

Georgia law does not permit the finding of an actual conflict for simply making bad choices – even repeatedly - and it is the trial court’s duty to confine itself to the relevant issues and applicable law properly brought before it.

Yeah I think the law is much more restrictive than what people on here imagine it to be, which is a common theme.
Posted by Lsut81
Member since Jun 2005
80169 posts
Posted on 3/15/24 at 8:16 am to
quote:

I imagine this is going to be along the lines of their personal relationship more than the financial stuff


yeah, but what about the lying under oath and on court documents?

No way if she does get a conviction, this survives an appeal.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422854 posts
Posted on 3/15/24 at 8:17 am to
quote:

And how will that address her perjuring herself?

Has nothing to do with this motion/ruling.

That has to be argued in a separate proceeding (be it criminal, professional/ethics-related, recall, etc.)
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422854 posts
Posted on 3/15/24 at 8:18 am to
quote:

but what about the lying under oath and on court documents?

Has no bearing on this particular motion.

That stuff has to be argued in a separate proceeding.

The lying, within this suit, is nothing more than a credibility issue for their testimony.
Posted by Rebel
Graceland
Member since Jan 2005
131426 posts
Posted on 3/15/24 at 8:20 am to
Trust Willis
Posted by TwoFace
Member since Mar 2018
1114 posts
Posted on 3/15/24 at 8:21 am to
quote:

That would be in a different proceeding later.


Well of course, I think most understand that it would be a different proceeding. But her being disqualified from continuing this case would imply that she can eat shite for being a lying nasty c u n t.
Posted by Lsut81
Member since Jun 2005
80169 posts
Posted on 3/15/24 at 8:21 am to
Just heard somewhere in the ruling the judge says the billing of hours was not an issue...


SFP or other lawyers, everything I saw you all say during this was what he was doing was egregious?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422854 posts
Posted on 3/15/24 at 8:23 am to
quote:

SFP or other lawyers, everything I saw you all say during this was what he was doing was egregious?

Again, for purposes of this motion, it's probably irrelevant.

For purposes of an ethical inquiry? I would have tight butthole syndrome if that were my billing.
Posted by SoggyBottomBaw
Live Free Or Die
Member since Nov 2022
451 posts
Posted on 3/15/24 at 8:27 am to
quote:

This finding is by no means an indication that the Court condones this tremendous lapse in judgment or the unprofessional manner of the District Attorney’s testimony during the evidentiary hearing. Rather, it is the undersigned’s opinion that Georgia law does not permit the finding of an actual conflict for simply making bad choices – even repeatedly - and it is the trial court’s duty to confine itself to the relevant issues and applicable law properly brought before it. Other forums or sources of authority such as the General Assembly, the Georgia State Ethics Commission, the State Bar of Georgia, the Fulton County Board of Commissioners, or the voters of Fulton County may offer feedback on any unanswered questions that linger. But those are not the issues determinative to the Defendants’ motions alleging an actual conflict.
It would have been fun to have seen a public quartering or burning but it appears GA law did not allow for that, in this case.

However and notwithstanding any follow-on consequences, this finding statement is, in and of itself, damning and ruinous on its face...
Posted by lake chuck fan
westlake
Member since Aug 2011
9205 posts
Posted on 3/15/24 at 8:29 am to
quote:

But she and Wade cannot be removed from the case without showing a direct conflict of interest, and I'm just not sure a financial gain creates that conflict...otherwise a DA would never be able to hire a special prosecutor.


Not necessarily, just as long as the DA isn't fricking and taking trips with the special prosecutor hired.
Posted by laxtonto
Member since Mar 2011
1913 posts
Posted on 3/15/24 at 8:29 am to
More curious to me is that if Wade is kicked from the money train, how does his ex-wife react and how vicious does that set of proceedings become?

If he is no longer the special prosecutor there is no reason to try and seal or hide any motions in this case and no reason to stop depositions regarding Wade's involvement with Willis. With no potential gravy train to protect, the preliminary settlement talks are more about getting a huge chunk of current assets, not the potential cash flow from being the special prosecutor longterm.

So no need to try and "help" Wade knowing that in Georgia proof of infidelity is weighed in the division of property...
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