Fani Willis Needs To Find Her “Jack Smith” (A Meaner Version)

Well, it’s official. Fani Willis (and the Fulton County DA’s office) can remain on the Trump RICO trial, at least as long as Nathan Wade isn’t part of the team. Willis can either fire him or he can resign but if she insists he remain in charge of the case then the judge can order the case be referred to McAfee said he’ll refer the case to the Prosecuting Attorneys’ Council of Georgia for reassignment.  That would delay the trial past the November election, and perhaps even kill the case entirely. There’s no guarantee another county’s DA  would want to proceed, especially in light of all the threats that have rained down on Willis and others involved in the prosecution.

USA Today has an initial write-up that’s worth taking the time to read.  The most important part is that the judge was pointed in his criticism of Willis and ruled either she fire Wade (or or accept his resignation) or see her office lose the case to another jurisdiction in Georgia.  McAfee proved himself to be a good little Federalist Society boy.  Legally speaking the elements to remove Willis weren’t there. No conflict of interest was proven, that Willis gained a financial benefit from Wade’s hiring to manage the case, or that it was prejudicial to the defense. What he could do and DID do was allow a sh*t-show to take place in his courtroom that tainted the public’s view of the case.

During the third day and closing arguments of the disqualification  hearing the issue of the proper standard to use got lengthy discussion. The defense (Trump’s lawyers) argued for a standard of mere appearance of impropriety should be applied. Willis’ lawyer from the prosecution correctly argued that under Georgia law that actual impropriety was the standard, and that the defense simply hadn’t met that burden. I wrote here on Politizoom weeks back the judge was itching for an excuse to if not outright kill this case then to cripple it. Things turned to a tiny technicality on the “appearance” issue and while the prosecution acknowledged a case where it had come into play the law doesn’t apply to a prosecutor. However, that was just enough for judge McAfee to come up with his “split the baby in half” ruling.

What he really wants is Willis completely off the case as well as Wade but as I’ve noted had no basis in law or the evidence presented to force that outcome. He chose to do the next best thing which was to “shame” her and boy did he ever go to town doing so:

Atlanta-based Superior Court Judge Scott McAfee, in a much-awaited ruling, said Willis had created the “significant appearance of impropriety that infects the current structure of the prosecution team” by having a romantic relationship with special prosecutor Nathan Wade, who is supervising the case against Trump and 14 others for allegedly trying to overturn the results of the 2020 election in the state

In another part of the ruling he said:

McAfee said Friday that Willis and Wade had severely damaged their credibility while on the witness stand.”However, an odor of mendacity remains,” he wrote, adding that there were “reasonable questions” over whether they had “testified untruthfully about the timing of their relationship.”

I can’t help but wonder if he had that so clearly racist Trump attorney Steve Sadow (who issued a statement saying he thought the judge was wrong to rule allow Willis to remain) helped him write it.  Well, as I said I encourage you to read the entire linked article but I want to turn to what’s next.

Both in listening to pundit chatter and in the article itself it’s been noted there are people in Willis office who can take the lead with Wade gone. Again, from USA Today:

Willis has other prosecutors who could take over the case, including some within her office and at least one, John Floyd, who she also hired as a special prosecutor. Floyd is a renowned expert in the complex racketeering law that Willis is using against Trump and the others.

That might turn out to be what happens. Frankly, at this point the less direct involvement of Willis in the case the more it will be viewed as legitimate in the eyes of the public both in Georgia and around the country. However keep something in mind. Wade wasn’t Willis’ first choice to head up the prosecution. While mostly a manager who likely wouldn’t have been the “lead” once the trial(s) started he was the “face” of the case after Willis. She’d talked to at least a couple of others about assuming the role Wade eventually took, including former Georgia Governor Roy Barnes. Barnes appeared on the stand and spoke highly of Willis, much to the dismay of the defense. He also shot down one of their main arguments, by clearly stating the reason he passed was he didn’t want to have to live with a security detail for the rest of his life! It’s possible that’s why John Floyd wasn’t in Nathan Wade’s role from the beginning.

It’s possible by the end of the day (for both her own sake and that of the case Willis needs to resolve this today so it doesn’t fester over the weekend – it’s better for discussion to turn to who will replace Wade) Wade will, if he doesn’t tender his resignation be fired. It’s a shame because he seemed to have been doing a good job, and not getting paid enough in the process for all his considerable work. However life isn’t fair. And especially if a person isn’t white. I mentioned Barnes, who got deferential treatment from everyone in the court including all of Trump’s lawyers. No, their attacks, their venom and overt racism was directed at Willis, Wade, Terrence Bradley and even Willis’ father. Black people.

That’s why I say she should bring in a ringer from outside. A hired GUN. A shark. An assassin to take over. Someone with lots of experience, gold plated credentials and experience including in RICO/racketeering work who takes no prisoners. Who has no f**ks to give when it comes to playing nice and maintaining professional working relationships when the case is over. Someone who has been involved in prosecutions where credible threats on them and even their loved ones have been made. And who has a “bring it on azzhole” attitude.  Someone who is not only willing to but would enjoy running Trump, his co-defendants and the defense team too through a meat grinder, then tossing them onto hot coals to be burnt to a crisp. Someone who will make them spend the rest of their lives ruing the day they pulled the stunt of attempting to disqualify Willis. AND Willis should get over her $250 an hour rule if that’s what it takes.

I’m not sure who that might be but there are people out there that would qualify. One who comes to mind is currently a legal TV pundit but Andrew Weissman has the background and attitude I’m talking about.  People might remember his taking a couple of shots at Mueller over Mueller not being aggressive enough against Trump. What many don’t know is he’d worked with Mueller on a couple of other big investigations/prosecutions prior to that. It means it took a lot for Weissman to criticize his old boss and mentor. However, it also illustrates why his Wikipedia profile notes the New York Times dubbed him a “pitbull” and opponents have criticized him for “win at all costs” tactics.

Yes, the Georgia RICO statute is somewhat different than the federal one Weissman has used during his career but he’s a quick study I’m sure. He’d have not just Willis herself but others in the Fulton Country DA’s office to bring him up to speed. In fact, as I understand it the Georgia statute would give a federal prosecutors tools they wished they’d had in federal prosecutions!  Well, Weissman is one person who came to mind. I’m sure there are others even if they aren’t well-known as TV pundits. The point is that Willis should go outside Georgia and bring in a ringer.

I hope she spends her weekend researching and assembling a list of people to approach. This trial was bound to get ugly but it’s gotten extremely so long before it’s even started. Screw the long-term, the maintaining of professional relationships with various top level Georgia defense attorneys. They initiated no-holds-barred open warfare and Willis needs to respond in-kind. Will Trump and his lawyers scream and shout? You bet. I say let them scream if they don’t like being on the receiving end of the punches.

They are going to scream and shout no matter what, no matter who leads the prosecution with threats, vicious attacks and so on. If GOP “Prosperity Gospel/Assault Weapon Jeebus” was to decide Trump was doing the cause more harm than good and offered to lead Trump’s prosecution guess what? Team Trump and all of MAGA would rise up in fury and attack him AND the God they claim to worship!  In a way, it’s a gift. We know how they are going to act. We know it, and nothing is going to change that fact. So why try and play nice? In a courtroom Trump can “work the ref” (the judge) to a degree as he already has but there ARE rules and McAfee is young enough that he’d got to be looking at his future. In the end there are rules in court that while they can get bent can’t get broken so for all his bluster Trump doesn’t have actual control.

I hope that headed into the weekend that realization sets in with Willis.  She needs to make like Grant and go on constant attack, and find a Sherman who will carry out a 21at century march to the sea and leave devastation of all things (including his lawyers) Trump in his wake.