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Fani Willis, accused of affair with Trump prosecutor, vowed to not date staff in 2020: ‘Certainly in

Discussion in 'Too Hot for Swamp Gas' started by flgator2, Jan 20, 2024.

  1. ursidman

    ursidman VIP Member

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    IIRC, it takes convictions in only 2 or more of the crimes trump is charged with for him to be guilty of the RICO. Throwing out the 6 charges reduces that likelihood somewhat but does not remove that possibility.

    I have heard trump’s taped convo with GA’s SOS and know that some of his minions entered into Ga voting machines and have been charged - did they plead guilty? idk. So I know the man is guilty of attempted election fraud.

    I agree that Willis exercised extremely poor judgment and the subsequent revelations that have flowed from it. Toss her off the case - don’t care. trump still needs to be held accountable.

    I have no idea but wonder if Willis or some other DA could go back in front of a GJ, get new indictments for some of these charges but include more detail and evidence? Or should they be considered legally dead horses
     
    Last edited: Mar 13, 2024
  2. Gatoragman

    Gatoragman GC Hall of Fame

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    With the Hur report, I now think the charges that have the best opportunity to stick are the obstruction ones in the classified docs suit. I don't think many of the others can hold the weight with the recent info from Biden's case, but the obstruction may be difficult to be passed on. I'll admit I'm not fully knowledgeable of the evidence and its voracity on obstruction but that is where I would show the most concern at this point.
     
  3. mrhansduck

    mrhansduck GC Hall of Fame

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    The Order suggests they can, but that doesn't mean they will.

    DocumentCloud

    The Court’s concern is less that the State has failed to allege sufficient conduct of the Defendants – in fact it has alleged an abundance. However, the lack of detail concerning an essential legal element is, in the undersigned’s opinion, fatal. As written, these six counts contain all the essential elements of the crimes but fail to allege sufficient detail regarding the nature of their commission, i.e., the underlying felony solicited. Kimbrough, 300 Ga. at 884. They do not give the Defendants enough information to prepare their defenses intelligently, as the Defendants could have violated the Constitutions and thus the statute in dozens, if not hundreds, of distinct ways. Id. at 882. Under the standards articulated by our appellate courts, the special demurrer must be granted, and Counts 2, 5, 6, 23, 28, and 38 quashed.

    ***

    [FN8] This does not mean the entire indictment is dismissed. See State v. Cerajewski, 347 Ga. App. 454, 457 (2018). The State may also seek a reindictment supplementing these six counts. C.f. O.C.G.A. § 17-7-53.1 (barring future prosecution after second quashal). Even if the statute of limitations has expired, the State receives a six-month extension from the date of this Order to resubmit the case to a grand jury. See O.C.G.A. § 17-3-3. Nor is it inevitable, presuming the State presents the appropriate motion, that the identity of future grand jurors will be publicly accessible. See, e.g., Order to Seal Page 22 of Indictment, 2023-EX-001124 (Sep. 1, 2023) (granting ex parte motion to redact grand juror names).

    This is an area of law where federal courts have achieved greater efficiency, and one might wish that future grand jurors could be spared this inconvenience for something so easily remedied. See Fed. R. Crim. P. 7(f) (allowing government filing of a bill of particulars to inform a defendant of the charges in sufficient detail to minimize surprise at trial). But Georgia law currently provides no such option. See Ward v. State, 188 Ga. App. 372, 373 (1988) (“A ‘bill of particulars’ is not a recognized pleading[.]”).

    Alternatively, the State may request a certificate of immediate review pursuant to O.C.G.A. § 5-7-2 which the Court would likely grant due to the lack of precedential authority. See State v. Outen, 289 Ga. 579, 581 (2011) (finding dismissal of less than all counts of indictment not a final order for purposes of State’s automatic right to appeal).
     
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  4. VAg8r1

    VAg8r1 GC Hall of Fame

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    Last edited: Mar 13, 2024
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  5. gaterzfan

    gaterzfan GC Hall of Fame

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    This is interesting, seems like Kemp etal are going after Willis. I guess it’s Georgia’s Fani Willis law.

    Kemp signs Georgia law reviving prosecutor sanctions panel. Democrats fear it's aimed at Fani Willis


    “ATLANTA (AP) — Georgia Gov. Brian Kemp signed a law Wednesday that lets a state commission begin operating with powers to discipline and remove prosecutors, potentially disrupting Fulton County District Attorney Fani Willis’ prosecution of former President Donald Trump.

    “This legislation will help us ensure rogue and incompetent prosecutors are held accountable if they refuse to uphold the law,” Kemp said before signing the bill, flanked by Republican legislative leaders. “As we know all too well, crime has been on the rise across the country, and is especially prevalent in cities where prosecutors are giving criminals a free pass or failing to put them behind bars due to lack of professional conduct.”

    Though Kemp signed legislation last year creating the Prosecuting Attorneys Qualifications Commission, it was unable to begin operating after the state Supreme Court in November refused to approve rulesgoverning its conduct. The justices said they had “grave doubts” about their ability to regulate the duties of district attorneys beyond the practice of law. Tuesday’s measure removes the requirement for Supreme Court approval.”
     
  6. snatchmagnet

    snatchmagnet Bring On The Bacon Premium Member

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    It’s all fun till the rabbits got the gun
     
  7. ursidman

    ursidman VIP Member

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    Love the phrase.
     
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  8. vegasfox

    vegasfox GC Hall of Fame

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    Trump will win the immunity czxe at SCOTUS . So this case isn't going anywhere. Ultimately
    .
     
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  9. gatorchamps960608

    gatorchamps960608 GC Hall of Fame

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    BREAKING: Judge rules the Trump Georgia case can continue and Fani Willis can stay on it as long as she dumps Wade from working on it.

    Throw those 'No more Georgia case' banners in the trash with the Matt Bevins victory party ones.
     
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  10. gaterzfan

    gaterzfan GC Hall of Fame

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    Apparently the decision has been released. Willis must step down from her prosecution of DT etal or remove Wade from the case.

    MSN

    I really hope she and Wade are sanctioned (license suspended and removed from office) by Georgia for lying under oath and “perverting the course of justice”.
     
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  11. sierragator

    sierragator GC Hall of Fame

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    Pretty safe bet she will remove Wade. That said, delays will push all of this past the election. If he wins, he skates. That simple.
     
  12. Gatoragman

    Gatoragman GC Hall of Fame

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    I guess it is ok and approved by the left to lie as long as your name is not Trump!!
     
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  13. mdgator05

    mdgator05 Premium Member

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    Another spectacular piece of legal analysis. Nailed it!
     
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  14. Gatoragman

    Gatoragman GC Hall of Fame

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    Hmm....
    Wrong opinions around here.
    Imagine that!
     
  15. GatorNorth

    GatorNorth Premium Member Premium Member

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    As I’ve said on here 20 times, there was no real conflict but the appearance was awful (and a needless distraction). The judge did today what Wade should have done when the relationship become personal and that is force Wade to recuse himself. As an elected official no way Willis steps down.

    The rest of the whole dog and pony show was just that-a needless distraction Willis and Wade brought upon themselves.
     
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  16. mikemcd810

    mikemcd810 Premium Member

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    The issue is more the absolute certainty of the wrong opinion and complete unwillingness to consider that although her behavior was wholly inappropriate and unethical, it didn't prejudice the defendants in any way. As the hearing dragged on, it became clear that it was closer to a toss up but still probably something like 70/30 that should would stay on.
     
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  17. ursidman

    ursidman VIP Member

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    Agreed. I hope she can find someone of sufficient legal stature and experience to take over. Wade was not qualified to prosecute a case of this importance against a former president.
     
  18. Gatoragman

    Gatoragman GC Hall of Fame

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    I would say there is some absolutist opinions from the left about Trump's desire to end democracy.
     
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  19. higator85

    higator85 All American

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    True, I think it’s an absolutely bad idea.
     
  20. WarDamnGator

    WarDamnGator GC Hall of Fame

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    That's pretty much what the summary I read said ... Judge couldn't find anything illegal but said the "appearance" was a distraction and it would better for the case to move forward without the claims hanging over it.
     
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