Fulton County District Attorney Fani Willis and the lead prosecutor she appointed for Trump’s election fraud case should both recuse themselves because of their alleged affair, a legal expert told The Post.
“It was a horrible sight,” former federal prosecutor Neama Rahmani said of Willis’ alleged “clandestine” romance with special prosecutor Nathan Wade.
“You may be prosecuting the most politicized trial in American history. And to do something as stupid as this, you are the public servant you need to be to make sure that the public has faith in our criminal justice system,” Rahmani said.
“Prosecutors should be held to a higher standard,” he added.
Willis does not plan to withdraw from the case and Wade does not have any immediate plans to step down from leading the prosecution, CNN reported, citing sources.
Willis is partly concerned that if he withdraws, it could kill the case, because there is no guarantee another prosecutor will take on the challenging legal task and because the trial is certain to be delayed — possibly until after the 2024 presidential election, sources told the outlet.
But Rahmani said the alleged affair has caused “collateral issues” and is a “black eye for the Fulton County District Attorney’s Office.”
“It’s very stupid, it’s potentially unethical and maybe even criminal,” Rahmani said. “If I were him, I would say ‘I am distancing myself from the case. Wade is no longer handling the case. The career prosecutor from my office will continue to handle it and I will have nothing to do with it,’” the lawyer said.
District Attorney Fani Willis and Trump’s chief prosecutor Nathan Wade should walk away from the election fraud case, a legal expert told The Post. AP
Still, Rahmani said that a bid by Trump co-defendant Michael Roman to have criminal charges against him thrown out on conflict-of-interest grounds based on the alleged affair is unlikely to succeed because it would not change “the merits of the case.”
The former president and at least one other of the 14 co-defendants accused of trying to overturn the state’s 2020 presidential election have joined Roman’s motion. Willis’ office must file a written response Friday and oral arguments in the case are set for Feb. 15.
“If Fani Willis hired someone who wasn’t qualified, if Fani Willis overpaid someone, if Fani Willis had an affair, none of that creates a conflict with respect to Trump and the other co-defendants in the case,” Rahmani said. “So it won’t require a disqualification, although it could result in other collateral issues for Willis and Wade.”
Roman’s motion from last month alleges that Willis hired her married boyfriend, who had no prior prosecutorial experience, at a salary far above the norm and then benefited from that salary when Wade treated him for a vacation — potentially a felony service. honest fraud.
Willis is accused of having a “clandestine” affair with Nathan Wade and profiting from his handsome salary when he takes her on holiday. AP
Rahmani said Willis had put himself in a defensive position and was now “on the run” because of an “error in judgment.”
While Rahmani thinks both prosecutors should recuse themselves, he says the greater blame lies with Willis.
“The truth is the impropriety here is with Willis more than Wade,” he said. “He made this decision. He is the most guilty.”
Both Rahmani and Cornell Law School professor Robert Hockett agreed that conflict-of-interest legal arguments would not hold up in court because Willis and Wade were on the same side.
“The phrase conflict of interest is really straight forward,” Hockett said. “You have an interest in both parties where your job is to be on one side or the other – but not both. So as a matter of Georgia law [the affair allegation] totally irrelevant.”
Former federal prosecutor Neama Rahmani told The Post while Willis was not legally required to step down, he should have because the alleged affair was a “horrific sight” and a “black eye” in his office. AP
Dan Hockett agreed, “The optics aren’t that great” but he said it shouldn’t affect Trump’s case. If there is, voters can decide whether to re-elect Willis and the government can decide whether there are ethical problems.
The scandal also brought Wade’s divorce from estranged wife Joycelyn Wade into the spotlight when she subpoenaed Willis’ testimony in the divorce case, alleging that Nathan spent money on the fire that he claimed paid Joycelyn a small amount each month.
A judge decided to delay a decision on whether Willis must testify in a nearby Cobb County divorce case until he hears from Nathan first — which could happen at Wednesday’s hearing that was canceled the previous evening when the estranged couple reached a temporary deadline. solution.
The major allegations against Willis emerged in the case of Trump co-defendant Michael Roman last month as he sought to have the charges against him dismissed. Fulton County
But Willis and Wade have also been subpoenaed to testify at a Feb. 15 hearing in the Fulton County criminal case. Both could try to escape public testimony.
Willis has reportedly been personally working on court papers due tomorrow in the case and he may not actually deny the affair claims, but instead will focus on debunking the Trump defendants’ legal arguments, sources told CNN.
Willis has not directly addressed the affair allegations until now, but he claims he was targeted for racially motivated reasons.
Donald Trump and at least one other of the 14 co-defendants in the case have also joined Roman’s motion to dismiss the case. AP
Willis is being audited by the Fulton County Board of Commissioners over allegations he left about financial disclosures allegedly handled by Wade.
And the Georgia General Assembly is considering legislation that would bring back a commission to discipline and remove prosecutors for misconduct.
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Source: thtrangdai.edu.vn/en/
