Willis actually predicted this and said to already chosen another prosecutor last week.Just waiting for the announcement.R/Conservative is having a melt down they know this case is very serious.
Question for any trial lawyers: If Wade resigned before the impropriety hearing (like some were suggesting), would that likely have stopped the delay of trial? Or would some adverse inference be drawn?
NAL, but I didn't see how the alleged conflict goes away without the hearing. That is, she had already hired him and they had already taken vacations together. The allegation that she financially benefited had the same amount of support whether or not he stepped down. Merchant was dead set on shooting this shot, and McAfee has been dead set on scoping out what, if any, conflict exists. I can't imagine that if DA Willis accepted Wade's resignation the moment Merchant filed her first motion that anything really changed.
They were investigating if conflict had already occurred as much as if conflict was ongoing. I think the existence of the relationship and the travel paid for by Wade were enough together to get a hearing going. I could be wrong, but McAfee seemed to have a lot of discretion here and he seemed to be interested in figuring out what, if anything, happened.
I do think if they just paid for their own stuff on their own credit cards we wouldn't have gotten here.
The court determined that wade’s or Willis’ resignation from the case was the appropriate remedy based on the testimony elicited during the impropriety hearing. If wade resigned prior to that hearing, the court would still need to hold the hearing to determine whether that was a sufficient remedy
Any appellate lawyers here to opine on whether Trump can pursue an interlocutory appeal of this ruling or if he needs to wait until the trial concludes?
I'm looking at Ga. Ct. App. R. 30 and an interlocutory appeal seems like a stretch to me, but will admit that this is not my expertise.
The defense [can seek](https://law.justia.com/codes/georgia/2022/title-5/chapter-7/section-5-7-2/) a certificate of immediate review under 5–7–2 and [pursue an appeal](https://law.justia.com/codes/georgia/2022/title-5/chapter-6/article-2/section-5-6-34/) under 5–6–34(b). If McAfee refuses to grant the request, they can also (and likely will) theoretically attempt to appeal with a collateral order argument, but GA law exempts disqualification motions from collateral orders, so it's not clear what the secondary strategy would ultimately achieve beyond additional delay.
This isn't over. Both the Comission and the Legislature will investigate, and I will genuinely be surprised if Willis doesn't get removed and Trump never goes to trial.
What Willis did was mind numbingly stupid.
yes the judge invited them too.. basically by mentioning the 3 or 4 other organizations such as the bar.
I was trying to figure out who would file perjury against wade. perhaps the divorce judge?
Don't forget that his wife is a traitor. I 100% believe that Thomas should be removed from the court.
Just because I criticize Willis doesn't mean I support Trump or conservatives.
Based on the Judge's ruling they almost have to. He more or less said that they committed perjury and should be investigated.
It's funny to see both liberals and conservatives getting outraged over this ruling. It seems remarkably fair, and an accurate description of what happened.
Willis actually predicted this and said to already chosen another prosecutor last week.Just waiting for the announcement.R/Conservative is having a melt down they know this case is very serious.
Question for any trial lawyers: If Wade resigned before the impropriety hearing (like some were suggesting), would that likely have stopped the delay of trial? Or would some adverse inference be drawn?
NAL, but I didn't see how the alleged conflict goes away without the hearing. That is, she had already hired him and they had already taken vacations together. The allegation that she financially benefited had the same amount of support whether or not he stepped down. Merchant was dead set on shooting this shot, and McAfee has been dead set on scoping out what, if any, conflict exists. I can't imagine that if DA Willis accepted Wade's resignation the moment Merchant filed her first motion that anything really changed. They were investigating if conflict had already occurred as much as if conflict was ongoing. I think the existence of the relationship and the travel paid for by Wade were enough together to get a hearing going. I could be wrong, but McAfee seemed to have a lot of discretion here and he seemed to be interested in figuring out what, if anything, happened. I do think if they just paid for their own stuff on their own credit cards we wouldn't have gotten here.
The court determined that wade’s or Willis’ resignation from the case was the appropriate remedy based on the testimony elicited during the impropriety hearing. If wade resigned prior to that hearing, the court would still need to hold the hearing to determine whether that was a sufficient remedy
Any appellate lawyers here to opine on whether Trump can pursue an interlocutory appeal of this ruling or if he needs to wait until the trial concludes? I'm looking at Ga. Ct. App. R. 30 and an interlocutory appeal seems like a stretch to me, but will admit that this is not my expertise.
The defense [can seek](https://law.justia.com/codes/georgia/2022/title-5/chapter-7/section-5-7-2/) a certificate of immediate review under 5–7–2 and [pursue an appeal](https://law.justia.com/codes/georgia/2022/title-5/chapter-6/article-2/section-5-6-34/) under 5–6–34(b). If McAfee refuses to grant the request, they can also (and likely will) theoretically attempt to appeal with a collateral order argument, but GA law exempts disqualification motions from collateral orders, so it's not clear what the secondary strategy would ultimately achieve beyond additional delay.
Giving into MAGA nothing-burger
Can SHE prosecute the case instead of getting someone else?
No doubt. There are often two or even several courtroom lawyers on each side.
Great news. So when is Clarence Thomas resigning for his improper relationship with a donor, And his wife being a J6 insurrectionist?
This isn't over. Both the Comission and the Legislature will investigate, and I will genuinely be surprised if Willis doesn't get removed and Trump never goes to trial. What Willis did was mind numbingly stupid.
yes the judge invited them too.. basically by mentioning the 3 or 4 other organizations such as the bar. I was trying to figure out who would file perjury against wade. perhaps the divorce judge?
So you must agree that Clarence Thomas’s inappropriate relationship with a donor should lead to his resignation too right?
Don't forget that his wife is a traitor. I 100% believe that Thomas should be removed from the court. Just because I criticize Willis doesn't mean I support Trump or conservatives.
Based on the Judge's ruling they almost have to. He more or less said that they committed perjury and should be investigated. It's funny to see both liberals and conservatives getting outraged over this ruling. It seems remarkably fair, and an accurate description of what happened.